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Can You Legally Eat Halloween Marijuana & CBD Edibles in New York?

Are you planning on hosting the biggest Halloween celebration on your block this year? You’re probably stocking up on scary decorations, a fun playlist, snacks, alcohol for adult guests, and, of course, candy. But, does New York law allow you to also celebrate the season with some marijuana edibles or CBD candy?

Put Away the Party Favor to Stay Within the Law

Although New York has been making strides with medical marijuana, the ghost of past legislation still hangs over recreational marijuana and cannabis products, like edibles and CDB candies. Possessing any amount of an edible substance laced with marijuana or CBD is technically unlawful. Depending on how much you have in your possession will change just how severe criminal penalties can be.

New York’s rules regarding recreational marijuana possession:

  • 28 grams or less: Infraction penalized by a $50 fine
  • 28 grams to 2 ounces: Infraction penalized by a $200 fine
  • 2 ounces to 8 ounces: Misdemeanor penalized by $1,000 fine and 1-year in jail
  • More than 8 ounces: Felony penalized by up to $15,000 fine and up to 15 years in prison

Handing out CBD candies to your partygoers is even worse. You could be charged with the serious drug crime of drug distribution in addition to possession. Whenever you face multiple or escalated charges, the penalties will increase and the difficulty to defend yourself will as well.

It’s even possible you could be charged with a drug sale crime, depending on the circumstances of your arrest and your Halloween party. A drug is “sold” if it is exchanged for currency or a benefit, like permission to enter your home for a party.

The safest thing to do when you are playing your Halloween party is to cross edibles off the party favor list. Although many people have come to understand that edibles and CBD candy can provide harmless fun at a festive celebration, the law does not agree.

Halloween Party Raided by the Cops? Call (518) 240-9992

On Halloween, police departments around New York are on alert for wild parties and criminal activities. You never know when some officers might come knocking on your door, shut down your party, and make some arrests, even if you’ve followed the law to the letter.

In case you need legal assistance due to unexpected police interference during your Halloween party, O'Brien & Eggleston PLLC is here to protect your rights. Our attorneys handle a variety of criminal defense cases, including drug crimes, DWIs, sex assaults, etc. Let us stand between you and the unforgiving hand of the law to preserve your rights and freedom!

Contact our law firm at any time to schedule a no-cost consultation.