Erie County District Attorney to Take Action on Pending Marijuana Possession Cases

Modified: April 20, 2021 2:19pm

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Erie County District Attorney John J. Flynn announces that his office will reexamine all pending cases that involve criminal possession of marijuana. This action follows the legalization of recreational cannabis in New York State, which allows adults to possess up to 3 ounces of marijuana for personal use.

Prosecutors will reevaluate cases based on the weight of marijuana the defendant allegedly possessed at the time of arrest. Criminal charges will be reduced, refiled or dismissed at the defendant’s next scheduled court appearance. The District Attorney’s Office will proactively take this action and will not require the defendant’s defense counsel to file a motion for dismissal.

As part of the passage of the New York State Cannabis/Marijuana Regulation & Taxation Act, low-level marijuana convictions will be vacated.