THC Concentrate

Although some states have changed their stance on marijuana over the last few years, it is still illegal to possess marijuana without medical clearance in New York. In addition to the plant substance being illegal, marijuana in other forms such as resin, hashish, and concentrate is, not only illegal, but may subject an individual to more serious criminal charges than the plant.

Cannabis concentrates include wax, CO2 oil, hash oil, kief, and many more altered forms of the plant. When cannabis is consumed in this form it allows the user to consume marijuana much more directly. Concentrates are created by extracting the THC, which is the principle psychoactive component of cannabis, from marijuana buds.

Marijuana still remains a Schedule I drug under federal and New York law. New York is more lenient than other states towards marijuana as a green leafy substance, but the state still considers all drug crimes very serious. The legal guidance of an experienced, criminal defense attorney can provide great help for drug charges.

Attorney for THC Concentrate in Queens, New York

If you have been charged with possession of marijuana in New York, and need the guidance of a knowledgeable drug crimes attorney, contact Law Office of Rochelle S. Berliner.

Rochelle Berliner has built a reputation over the years as a consummate legal professional with years of legal experience. Law Office of Rochelle S. Berliner operates out of Queens, New York but also represents clients in all of Queens County, Bronx County, Kings County, and New York County.

Fight your charges with an experienced lawyer at your side. Call Law Office of Rochelle S. Berliner today at 718-261-5600 for a consultation regarding your case. Law Office of Rochelle S. Berliner will guide you at each step of the way.



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THC Concentrates and the Extraction Methods

Individuals use THC Concentrate for a number of reasons; anywhere from not wanting to smoke marijuana, to obtaining more of a “high” feeling due to a larger percentage of THC. In addition, cannabis oils do not have the usual permeating scent that accompanies marijuana.

There are two primary methods of extraction in the THC concentrate creation process, solvent or non-solvent based extractions. Solvent based methods use chemical solvents such as butane, propane, carbon dioxide, and alcohol to strip the cannabis buds of strong and potent resin glands. Popular solvent based products include:

  • CO2 Oil;
  • Wax;
  • Live Resin;
  • Shatter; and
  • Rick Simpson Oil.

Non-solvent extraction methods use more naturalistic principles to detach resin glands. Factors of non-solvent extraction include water, temperature, or pressure alterations. These procedures can involve using ice to chill the cannabis flowers to low temperatures, or applying heat to agitate the resin. Non-solvent products include:

  • Kief;
  • Bubble Hash;
  • Dry Sift; and
  • Rosin.

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Criminal Possession of Marijuana in New York

At one point under Mayor Bloomberg, New York had the second highest per capita cannabis arrest rates in the United States. Nearly 50,000 people were arrested for marijuana crimes in New York City in 2010, but since, arrest rates have plummeted.

New York Statute § 221.10 states that, to be found guilty of criminal possession of marijuana, the State must show that a person knowingly possessed over 25 grams in aggregate weight of any marijuana mixture, compound, or substances. NY Penal Article 221 does not, however, apply to THC concentrates.

NY Statute § 221.10 also states that a person could be found guilty of criminal possession of marijuana if he or she knowingly possessed marijuana in a public place and it is open to public view.

Therefore, if a person is carrying less that 25 grams of marijuana, and it is not in public view, he or she will not be charged with criminal possession. Instead, that person will likely be charged with the unlawful possession of marijuana, which under NY Statute § 221.05 is strictly a violation, rather than a misdemeanor.

In 2014, the NY Legislature enacted NY Penal Code § 221.05. The Law decriminalizes marijuana. A person caught carrying small amount of marijuana will have the opportunity to walk away with a citation, instead of being arrested. Those caught with less than 25 grams of marijuana will be issued tickets.


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Criminal Possession of THC Concentrates

Although THC concentrates are just modified substances that come from marijuana plants and flowers, New York Penal Law enforces different regulations against its possession.

To be guilty of criminal possession of THC Concentrate, the State of New York must prove, beyond a reasonable doubt that the alleged offender knowingly and unlawfully possesses one or more compound mixtures, preparations, or substances containing concentrated cannabis….

Criminal possession of THC Concentrate may be charged in the 7th degree, which is a misdemeanor offense, the 5th degree, a Class D Felony or in the 4th degree, a Class C Felony.


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Criminal Possession of THC in the 5th Degree

Specifically, possession of THC concentrate may be charged in the fifth degree. It is charged as a Class D felony, punishable in the following manner:

  • Up to 2 ½ years of prison or probation;
  • Up to 4 years of prison for a second offense;
  • Up to 4 ½ years if the offender has previously been convicted of a violent felony.

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Criminal Possession of THC in the 4th Degree

To be charged with criminal possession of THC concentrate in the 4th Degree means that the individual is accused of knowingly and unlawfully possessing one or more preparations, substances containing concentrated cannabis, or compounds that weigh an aggregate amount of 1 oz or more.

Criminal possession of THC concentrate in the fourth degree is punishable as a Class C Felony. Class C Felonies in New York are punishable in the following manner:

  • Up to 5 ½ years of prison or probation;
  • Up to 8 years of prison or parole supervision for a 2nd offense
  • Up to 9 years of prison if the offender was previously convicted of a violent felony.

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Criminal Possession of THC in the 7th Degree

Under NY Penal Law, knowingly and unlawfully possessing a controlled substance…including concentrated cannabis is criminalized as criminal possession of a controlled substance in the 7th degree. The sentence for conviction a Class A misdemeanor; it is punishable by up to one year in prison.


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Additional Resources

NY Courts | Penal Law Article 220 – Visit the official website of New York State Unified Court System to learn more about criminal jury instructions pertaining to controlled substances, marijuana offenses and more.

Politico | Marijuana Arrests – This Politico article discusses marijuana arrests in New York City in 2016 and some of the general demographic information regarding those arrests. Readers can also find where most marijuana arrests took place around the five boroughs.

PotGuide | Cannabis Concentrate Guide – This extensive guide on cannabis concentrate goes over the many forms of concentrate and the differences in production methods and effects. The PotGuide website operates out of Colorado and ensures its readers well-researched, informative information on marijuana related products and more.

Rockland Community College - Visit the official website of Rockland Community College, which provided information on the general policies regarding drug and alcohol on campus and in New York. The article provides the full list of sentences for criminal possession of a controlled substance and it lists offenses found in Article 221 of New York Penal Law.


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Find an Attorney for THC Concentrate Charges in Queens, New York

Being charged with possession of marijuana and other controlled substance offenses can have serious consequences. The punishment for a conviction can include anything from jail time to excessive fines. If you or someone you know has been arrested, it is important to secure the help of an experienced Queens criminal defense attorney.

Law Office of Rochelle S. Berliner has aggressively fought drug cases in New York City Metropolitan area for years, and knows how important it is to defend each and every client to the fullest extent. If you are in Queens County, Kings County, New York County, or Bronx County, and face criminal charges, Law Office of Rochelle S. Berliner will heed the call.

Contact Law Office of Rochelle S. Berliner today at 718-261-5600 to schedule a free consultation to discuss your legal options.


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Rochelle Berliner
Rochelle Berliner

Rochelle Berliner grew up in Queens, NY. She started New York Law School in January 1989 and graduated in June 1991. Immediately after law school, she started working at the New York County District Attorney’s Office, where she stayed for approximately 14 years...

  • National Police Accountability Project
  • National Association of Criminal Defense Lawyers
  • National Organization for the Reform of Marijuana Laws
  • New York State Association of Criminal Defense Lawyers
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