Drug Possession vs Marijuana Offense in New York
Side-by-side comparison based on 103,299 DCJS pretrial release records · 2019–2024
Statistics from DCJS pretrial release data for informational purposes only. Not legal advice. These are different charges with different legal elements — consult a licensed New York attorney for guidance on your specific situation.
According to 103,299 DCJS pretrial release records from 2019–2024, Drug Possession cases across 59 New York counties have an average dismissal rate of 37.4% and conviction rate of 62.5%, while Marijuana Offense cases across 18 counties have an average dismissal rate of 68.3% and conviction rate of 31.7%.
Top Counties Comparison
How the highest-volume counties handle each charge.
Drug Possession — Top Counties
Source: DCJS Pretrial Release Data, 2019–2024 — NewYorkCourtFile.com
What the Data Shows
Drug Possession and Marijuana Offense are distinct charges with different legal elements, but defendants sometimes face questions about how they compare. Based on 103,299 DCJS pretrial release records from 2019–2024:
- Volume: Drug Possession is more commonly charged (95,766 cases) than Marijuana Offense (7,533 cases)
- Dismissals: Marijuana Offense has a higher average dismissal rate (68.3%) compared to Drug Possession (37.4%)
- Variation: Both charges show significant variation in outcomes across New York counties — the county where a case is heard matters
These statistics reflect aggregate patterns across New York counties and do not predict individual case outcomes. The legal elements, potential consequences, and defense considerations differ between these charges. Consult a licensed New York attorney for guidance on your specific situation.
Common Questions
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The data tells part of the story. A defense attorney can tell you the rest — specific to your case and your county.