New York Penal Law § 221.35 Criminal sale of marihuana in the fifth degree




A person is guilty of criminal sale of marihuana in the fifth degree when he knowingly and unlawfully sells, without consideration, one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of two grams or less;  or one cigarette containing marihuana.

Criminal sale of marihuana in the fifth degree is a class B misdemeanor.


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