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221.10 – Criminal possession of marihuana in the fifth degree

§ 221.10 Criminal possession of marihuana in the fifth degree.

A person is guilty of criminal possession of marihuana in the fifth
degree when he knowingly and unlawfully possesses:

1. marihuana in a public place, as defined in section 240.00 of this
chapter, and such marihuana is burning or open to public view; or

2. one or more preparations, compounds, mixtures or substances
containing marihuana and the preparations, compounds, mixtures or
substances are of an aggregate weight of more than twenty-five grams.

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

Criminal Laws NY