Current through 2016 New York Laws, Chapters 1 to 237
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.