Are Marijuana or Kratom Legal in New York?

Are Marijuana or Kratom Legal in New York?

The legal status of substances like marijuana and kratom is a topic of much debate and scrutiny in the United States. Laws can vary significantly from one state to another, and New York is no exception. This blog aims to provide a comprehensive look at the legality of both marijuana and kratom in the state of New York.

The Legal Landscape of Marijuana in New York

Marijuana has had a complex legal history in the United States, and New York has been at the forefront of this evolving landscape.

Marijuana Legalization in New York

In March 2021, New York became the 15th state to legalize recreational marijuana use for adults 21 and older. The Marijuana Regulation and Taxation Act (MRTA) was signed into law, setting the framework for a new cannabis industry in the state.

  • Age Limit: Must be 21 or older to purchase and consume.
  • Possession Limit: Up to 3 ounces of cannabis and 24 grams of cannabis concentrate.
  • Home Cultivation: Allowed, with restrictions on the number of plants.

Medical Marijuana in New York

Medical marijuana has been legal in New York since 2014 under the Compassionate Care Act. Patients with qualifying conditions can obtain medical cannabis with a prescription from a registered healthcare provider.

  • Qualifying Conditions: Include chronic pain, cancer, and epilepsy.
  • Forms: Limited to non-smokable forms like oils, capsules, and tinctures.

Kratom’s Controversial Status

Kratom, a plant native to Southeast Asia, has gained popularity in the U.S. for its reported pain-relieving and mood-enhancing properties. However, its legal status remains a gray area.

Is Kratom Legal in New York?

As of the time of writing, kratom is legal in New York. However, legislation has been introduced to ban the substance, and it is under ongoing review.

  • Age Restrictions: Some counties have age restrictions for purchasing kratom.
  • Pending Legislation: Bills to ban kratom have been introduced but have not passed.

Public Opinion and Statistics

Both marijuana and kratom have vocal proponents and opponents, making them subjects of extensive study and debate.

  • Public Support for Marijuana: A 2020 poll showed that 58% of New Yorkers support marijuana legalization.
  • Kratom Use Statistics: Exact numbers are hard to come by, but usage appears to be on the rise, especially among young adults.

Federal vs. State Laws

It’s important to note that federal and state laws can conflict. Marijuana is still illegal under federal law, which can create complications.

  • Federal Scheduling: Marijuana is a Schedule I substance; kratom is not federally scheduled but is under FDA review.
  • Legal Risks: Federal charges are still possible, especially if you possess large amounts or distribute across state lines.

Conclusion

The legal status of marijuana and kratom in New York is a complex and evolving issue. While marijuana has been legalized for both medical and recreational use, kratom remains in a legal gray area. Understanding the laws, including age restrictions and possession limits, is crucial for anyone considering using these substances.

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If you or someone you love faces criminal charges in Brooklyn, contact the experienced criminal defense attorney Scott Cerbin for a free initial consultation. Call  (718) 596-1829 or visit us online to schedule your appointment and get personalized guidance from a Brooklyn lawyer today.

FAQs

  1. Is recreational marijuana legal in New York?
    • Yes, recreational marijuana was legalized in New York in March 2021 for adults 21 and older.
  2. What are the legal forms of medical marijuana in New York?
    • Medical marijuana is available in non-smokable forms like oils, capsules, and tinctures.
  3. Is kratom legal in New York?
    • As of now, kratom is legal in New York, but there is pending legislation to ban the substance.

By : First Page Attorney | October 14, 2023 | blog

How to Defend Yourself Against Possession with Intent to Distribute

Criminal Defense Lawyers

Possession With Intent To Distribute In Brooklyn

Being charged with any crime is a frightening prospect. But be especially concerned if you are accused of possession with intent to distribute (PWID). Under New York law, this crime holds serious consequences that can disrupt your life and cause uncertainty in your future. There are several defenses against PWID charges. It’s important to understand how a defense team will determine which strategy fits best with the circumstances surrounding your case. 

What Elements Must the Prosecution Prove Beyond the Shadow of a Doubt?

For prosecutors in a PWID case to achieve a guilty verdict, they must provide enough evidence that proves the following beyond the shadow of a doubt: 

  • The person accused had the intent to sell or distribute a controlled/illegal substance and had knowledge of his or her actions 
  • The person accused had possession of the substance, whether it be actual possession or constructive possession 
  • The substance in question can be proven to be controlled and/or illegal 

All of these elements must exist and be able to be proven with evidence in order for a judge to hand down a guilty verdict. 

What You Need to Know About Circumstantial Evidence

If possible, a criminal defense lawyer will first try to argue his or her client’s actual innocence by providing evidence that they had no knowledge of the drugs, or that the drugs were not actually a controlled or illegal substance. In cases where this is not possible, an attorney must consider circumstantial evidence. 

Much of the evidence that “proves” a defendant’s intent to distribute is actually circumstantial and doesn’t prove anything at all. For example, a defendant arrested with a large amount of cocaine separated into individual baggies who also possessed a scale will likely be charged with PWID. However, this evidence does not provide proof without a doubt that the defendant meant to sell the drugs. 

Only a confession from the defendant would provide proof without a doubt. This is why it’s crucial for individuals dealing with law enforcement regarding drug charges to invoke their right to remain silent. 

Call Cerbin Defense Today for More Information

Don’t let possession with intent to distribute charges upend your life as you know it. Let me help you protect your rights under New York law. Call now to learn more about how I can help you.

By : First Page Attorney | May 14, 2020 | Drug Crimes

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I am attorney Scott G. Cerbin, Esq., and my firm is located in downtown Brooklyn near the Borough Hall and Jay Street stops. The Law Office Of Scott G. Cerbin, Esq., PLLC, offers free initial consultations to individuals living within all five New York City boroughs. You can reach me at any hour of the day or night, regardless of the complexity of your issue.

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