Cannabis Hearings Lawyer

New York City Cannabis Hearings Lawyer

Thanks to the Marijuana Regulation & Taxation Act (MRTA), the rules about cannabis in New York have changed a lot. Adults can legally use cannabis, but there are still many rules to follow. You may not need to worry as much about using it during certain circumstances, but there are still situations that arise that can cause legal issues and lead to situations where you may need a cannabis hearings lawyer.

If you are facing a marijuana or controlled substance charge, consult a dedicated Long Island criminal defense lawyer to navigate the laws. As a cannabis hearings lawyer in New York City, we can help you navigate this tricky situation. Contact our firm today

Contact Bach Law

When you reach out to our law office, we can provide you with a no obligation consultation to go over your legal situation. We have years of experience working in New York City as a cannabis hearings lawyer and can help you navigate this legal process. With extensive experience in prosecution and defense, our firm knows the complexities of New York cannabis laws.

Common Cannabis Charges for Hearings Lawyer

Here are charges that can lead to a cannabis hearing in the state of New York:

Possessing more than 3 ounces of cannabis or over 24 grams of concentrated cannabis.
Engaging in the sale, distribution, or giving away of cannabis and cannabis products without a license.
Violating the law related to cannabis.
Other cannabis and marijuana charges.

Understanding New York’s Cannabis Laws

On March 31, 2021, New York made history by passing the MRTA, which legalized adult-use cannabis in specific circumstances. The law has introduced several key provisions that every resident should be aware of:

Legal Possession: Adults aged 21 and older can now legally possess up to 3 ounces of cannabis and up to 24 grams of concentrated cannabis (like edibles or vape oils).
Search and Seizure Changes: The presence of cannabis or its odor can no longer automatically justify a search. Law enforcement can only conduct searches based on probable cause related to the driver’s condition if they suspect someone is operating a vehicle under the influence of cannabis.
Protection Against Unlawful Searches: Even in cases where police suspect impaired driving, the smell of burnt cannabis does not allow them to search areas of a vehicle not readily accessible to the driver.
Expungement of Records: The law provides for the expungement of certain marijuana and cannabis convictions that would now be considered legal under the MRTA.

What to Expect During a Cannabis Hearing

If you have been charged with a cannabis-related offense or are required to appear before a court or administrative agency, understanding the hearing process is an important first step. A cannabis hearing provides an opportunity for both sides to present evidence, challenge the facts of the case, and address legal issues that may affect the outcome.

Depending on the circumstances, a hearing may involve questions about the legality of a search, the admissibility of evidence, the amount of cannabis involved, licensing issues, or whether law enforcement followed the proper procedures during an investigation or arrest. Every case is different, and the strategy used to defend one case may not be appropriate for another.

Having an experienced cannabis hearings lawyer can help ensure your rights are protected throughout every stage of the legal process.

Building a Strong Defense in Cannabis Cases

Although New York has legalized adult-use cannabis under many circumstances, there are still situations where individuals and businesses may face criminal charges or regulatory enforcement actions. Successfully defending these cases often requires a detailed review of the facts, police reports, witness statements, and applicable laws.

Our firm carefully evaluates every aspect of a case, including:

Whether law enforcement had legal grounds to stop or search you.
Whether evidence was lawfully obtained.
Whether the alleged possession or sale violated New York law.
Whether constitutional rights were violated during the investigation.
Whether procedural errors occurred during the arrest or prosecution.
Whether charges can be reduced or dismissed based on the available evidence.

By thoroughly examining the prosecution's case, we work to identify weaknesses and develop the strongest possible defense strategy for our clients. Read more about building a strong defense.

Building Defense Against Cannabis Charges

FAQs About Cannabis Charges in New York

Here are some frequently asked questions about cannabis laws and charges we receive. They can help you decide if you need a cannabis hearings lawyer or not.

What are the legal limits for cannabis possession in New York?

Adults 21 years and older can legally possess up to 3 ounces of cannabis and 24 grams of concentrated cannabis.

Can I be arrested for having cannabis if I am within the legal limits?

Yes, if there are other circumstances that raise suspicion, such as being involved in illegal activities or exhibiting erratic behavior, then you may be arrested.

What happens if I am charged with selling cannabis without a license?

Selling cannabis without a license can lead to serious felony charges.

How can a defense attorney help in a cannabis case?

A defense attorney can investigate your arrest, challenge the legality of searches, and negotiate deals to reduce or dismiss charges.

Can a cannabis hearing affect my criminal record?

Potentially. The outcome of a hearing may influence whether charges are dismissed, reduced, or proceed to trial. In some situations, avoiding a conviction may help reduce the long-term impact on employment, professional licensing, housing opportunities, and other aspects of your life.

What are the consequences of a cannabis conviction?

A cannabis conviction can lead to fines, jail time, and a criminal record, which may affect employment and housing opportunities.

Should I hire a lawyer before my cannabis hearing?

Because every case involves unique facts and legal issues, consulting with an attorney before your hearing can help you understand the charges, evaluate available defenses, and prepare an appropriate legal strategy based on your specific circumstances.

Common Cannabis Crime Scenarios in Nassau and Suffolk Counties: Understanding Your Legal Options

Cannabis-related charges can happen in various situations, often when people least expect it. Here are some of the most common scenarios:

Possession at a Party

Imagine you’re enjoying a backyard barbecue on Long Island when the police arrive after responding to a complaint. During their investigation, they discover cannabis in your possession. Although adult cannabis use is legal in New York under certain circumstances, there are limits on how much you can legally possess. Possessing more than 3 ounces of cannabis or more than 24 grams of concentrated cannabis can result in fines or, depending on the circumstances, criminal charges.

Knowing your rights during a police encounter is equally important. The smell of cannabis alone does not automatically give police the right to search you or your belongings. If officers have reason to believe a crime has occurred, however, different rules may apply. You also have the right to understand what you are consenting to before allowing a search. If you voluntarily consent to a search, evidence discovered during that search may potentially be used against you.

Understanding New York’s cannabis laws and your constitutional rights can help you make informed decisions if you find yourself facing a police investigation.

Driving Under the Influence of Cannabis

You’re driving through a town on Long Island and are pulled over for a routine stop. The officer suspects cannabis use. Driving under the influence of cannabis is illegal and carries serious consequences. Just how driving while intoxicated by alcohol is against the law. Proving cannabis impairment is more complicated because New York does not have a standard legal limit like alcohol and it is difficult to judge the influence of cannabis on an individual.

Police may use field sobriety tests or chemical tests, but these methods are as reliable for cannabis impairment. If accused of driving under the influence, it is important to understand your rights and whether law enforcement followed proper procedures.

Selling Cannabis

Selling cannabis without a license is against the law, and accusations of this can result in serious penalties. Let's say someone accuses you of selling cannabis. Whether or not you have a license to sell, the amount of cannabis you are accused of selling and in your possession can determine the charges you face.

Even selling small amounts of cannabis without a license can lead to significant penalties, including fines or even felony charges. Proving that your possession of cannabis was for personal use, rather than for sale, can help reduce the charges.

Public Use of Cannabis

Although adult cannabis use is legal in New York, that does not mean cannabis can be consumed anywhere. For example, imagine you are walking through a park on Long Island and decide to smoke cannabis. Depending on the location and applicable regulations, consuming cannabis in a public place may violate the law and could result in fines or other legal consequences.

Cannabis consumption is subject to restrictions in certain locations, including schools, parks, and other areas where public use is prohibited. In addition, local rules and regulations may differ between communities throughout Nassau County and Suffolk County.

It is important to understand that legal possession does not necessarily mean legal consumption. Even if you are lawfully permitted to possess cannabis, using it in a restricted location could still result in a violation or other legal complications. Knowing the rules that apply in your particular location can help you avoid unnecessary legal problems.