NYS Penal S221.10 Criminal possession of marihuana in the fifth degree: A person is guilty of criminal possession of marihuana in the fifth degree when he knowingly and unlawfully possesses:
1. Marihuana in a public place, as defined in section 240.00 of this chapter, and such marihuana is burning or open to public view.
Sub. 2 deals with quantity, 25 grams or less (Less than an ounce).
Criminal Possession of Marihuana in the Fifth Degree is a Class B Misdemeanor.
A conviction for a B misdemeanor can be a fine (up to $500.00) and/or jail time (thirty days). While it is a low level offense it is still a crime which results in a criminal record upon conviction. In recent months Governor Cuomo has pushed for decriminalization of marihuana making it a violation akin to a traffic summons.