Despite the best efforts of the marijuana law reform movement, it is still illegal to possess marijuana in Albany. Some concessions are being made to allow marijuana to treat medical problems, but these exceptions are very narrow and highly monitored. Below is a list of marijuana offenses and the corresponding section of the New York Penal Law.
| Section | Offense | Class |
| 221.00 | Marijuana; definitions. | * 7/5/2021 |
| 221.05 | Unlawful possession of marijuana. | VIOLATION |
| 221.10 | Criminal possession of marijuana in the fifth degree. | B MISD |
| 221.15 | Criminal possession of marijuana in the fourth degree. | A MISD |
| 221.20 | Criminal possession of marijuana in the third degree. | E FELONY |
| 221.25 | Criminal possession of marijuana in the second degree. | D FELONY |
| 221.30 | Criminal possession of marijuana in the first degree. | C FELONY |
| 221.35 | Criminal sale of marijuana in the fifth degree. | B MISD |
| 221.40 | Criminal sale of marijuana in the fourth degree. | A MISD |
| 221.45 | Criminal sale of marijuana in the third degree. | E FELONY |
| 221.50 | Criminal sale of marijuana in the second degree. | D FELONY |
| 221.55 | Criminal sale of marijuana in the first degree. | C FELONY |
Conclusion: Getting Help in Albany
Albany’s marijuana laws are challenging and with the changing tide of thought about how marijuana isn’t as serious or dangerous, a skilled defense attorney should be able to tap into that sentiment while analyzing the facts of each individual case. A sharp attorney will thoroughly assess the case and look for issues favorable to the client thus enabling the attorney to negotiate effectively with the prosecution for a good result for the client, or to take the case to trial and fight for an acquittal.
