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%.

Drug Possession

95,766
Total Cases
59
Counties
Dismissal Rate 37.4%
Conviction Rate 62.5%
vs

Marijuana Offense

7,533
Total Cases
18
Counties
Dismissal Rate 68.3%
Conviction Rate 31.7%

How the highest-volume counties handle each charge.

Drug Possession — Top Counties

County Cases Dismissal Conviction
New York 13,680 42.9% 57.1%
Nassau 11,024 38.4% 61.5%
Bronx 10,371 55.8% 44.1%
Kings 10,120 62.1% 37.9%
Suffolk 9,702 29.4% 70.5%

Marijuana Offense — Top Counties

County Cases Dismissal Conviction
Bronx 1,593 75.1% 24.9%
Nassau 1,275 90.0% 10.0%
Suffolk 1,158 68.2% 31.7%
Kings 932 72.9% 27.1%
Queens 798 53.2% 46.8%

Source: DCJS Pretrial Release Data, 2019–2024 — NewYorkCourtFile.com

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.

Drug Possession and Marijuana Offense are separate charges with different legal definitions and elements. Our data shows they have different outcome patterns: Drug Possession has a 37.4% average dismissal rate while Marijuana Offense has a 68.3% average dismissal rate. For information about the legal distinctions, consult a licensed New York attorney or the New York Penal Law.
Marijuana Offense has a higher average dismissal rate (68.3%) compared to Drug Possession (37.4%), based on 2019–2024 New York DCJS data. However, dismissal rates vary significantly by county. Visit the individual charge pages for county-specific data.
From 2019–2024, 95,766 Drug Possession cases were recorded across 59 counties, and 7,533 Marijuana Offense cases were recorded across 18 counties. View the full data on our Drug Possession and Marijuana Offense pages.

The data tells part of the story. A defense attorney can tell you the rest — specific to your case and your county.

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