<P> Possession of less than 25 grams (0.88 oz) of marijuana, in any form, is unlawful possession of marijuana, punishable by a fine of no more than $100 if the defendant has no convictions for the offense within the last three years . Those who do can be fined up to $200; on the third conviction within that time period the maximum fine rises to $250 with the possibility of a 15 - day jail sentence as well . The offense is considered a violation, the lowest level of offense defined in state law, and thus does not show up on a criminal record . </P> <P> If the marijuana is burning or in public view, no matter the amount, or is between 25 g and 2 ounces (57 g), it is fifth - degree criminal possession of marijuana, a Class B misdemeanor, carrying a possible three - month sentence . Amounts in the 2--8 ounces (57--227 g) range are fourth - degree criminal possession of marijuana, a Class A misdemeanor for which offenders can receive up to six months in jail . Convictions for these offenses will result in a criminal record . </P> <P> Amounts higher than 8 ounces are felonies, all of which carry a minimum prison term of three years in New York . Third - degree criminal possession of marijuana, a Class E felony with up to four years as a possible punishment, applies to amounts between 8 and 16 ounces (450 g), or one pound . Those convicted of second - degree criminal possession of marijuana, a Class D felony with a maximum sentence of seven years, will have been in possession of up to 10 pounds (4.5 kg) and can expect to serve up to seven years at most . First - degree criminal possession of marijuana applies to those with more than 10 pounds, a Class C felony for which offenders may spend 15 years in prison . </P> <P> Offenses related to the sale of marijuana start with fifth - degree criminal sale of marijuana, a class B misdemeanor that covers amounts less than 2 grams (0.071 oz). Fourth - degree criminal sale of marijuana, a class A misdemeanor, covers sales between that amount and 25 grams (0.88 oz). Amounts up to 4 ounces (110 g) are third - degree criminal sale of marijuana, a Class E felony . </P>

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