A More Serious Offense in New York City – Public Drunkenness or a Nominal Amount of Marijuana?

Question by Answer_Boy: A more serious offense in New York City – public drunkenness or a nominal amount of marijuana?
I hear conflicting reports. I’ve heard that marijuana, in small amounts, is merely a ticket, but that being drunk in public, even when cooperative with police, can have stiff penalties. Is this true?

Also, how do the police verify someone’s ID if they don’t have ID on them? For example, someone who appears to be an underage drinker but without an ID for either the person or the police to verify it.

Thanks!

Best answer:

Answer by Eustace Tilley
First of all, the two crimes are about equal, assuming that the “drunk in public” person is marginally functional and does not also become aggressive when approached by the officer, and, if you don’t have ID on you they will hold you at the nearest police station and call your family and have them verify your age and identity and, if you are a minor, come pick you up.

Good luck!… :-D

Answer by Jay
There’s no law against public intoxication in New York, so by default marijuana possession – while only a violation – is a “more serious” offense.

Possession of a “nominal amount” of marijuana – as long as you’re not smoking it at the time and it’s not in plain sight – is charged as Unlawful Possession of Marijuana, under Section 221.05 of New York Penal Law. That’s classed as a “violation,” essentially the legal equivalent of a traffic ticket. In almost every case, if you contest this in court it will be dismissed (for a technical legal reason, but not worth getting into those details here).

Section 240.40 of NY Penal Law forbids “Appearance in public under the influence of narcotics or a drug other than alcohol” also as a violation. But note, it’s “other than alcohol.” No current New York law forbids being simply drunk. Of course, there are a number of charges a person might face because of things they DO while drunk, but the drunkenness itself (assuming a person over 21) isn’t illegal.

Back to marijuana possession, by the way: If the amount in possession is over 25 grams (a little less than an ounce), the charge is elevated to Criminal Possession of Marijuana, which is a B Misdemeanor (221.10). You can also be charged with a misdemeanor if you are caught smoking it, or if it’s in “public view.” Anecdotally, that sometimes happens when a cop asks a person if he has anything, and thinking it won’t be a big deal, the person pulls his stash from a pocket and shows it to the cop. The lesson: if you want to let them know, tell them were it is and let them get it out.

As for the second question, that gets into a legal gray area that depends on court interpretation. New York is one of about 15 states with “stop and identify” laws; in New York if police have a “reasonable suspicion” that you may have or may be about to be involved in criminal activity they “may request” identifying information. You may be held while your identity is established. It’d take a few hundred words to get into the many intricacies of court decisions, precedent, and case law that might come into play based on specifics of any individual case. But, most simply put using your example, if you are drinking and don’t have ID you will almost certainly be detained and attempts will be made to identify you. If identity can not be established, you’ll appear before a judge as a “John Doe”. And you can be tried and sentenced that way as well, so it’s probably in your best interest to present documentation that establishes your identity.

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How to Stop Drinking – Discussion about non traditional ways to stop drinking alcohol. —- This video was made and uploaded with Xtranormal’s State To make your own movie, visit xtranormal.com

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