How is a 'civil citation' for marijuana possession in NY handled?

Question

I know the NYS laws on marijuana possession say that for the first two offenses of getting caught with under 25g- and without "paraphernalia" on you it's only a $100 - then $200 civil citation. But... What does that mean- so a cop finds an 1/8th in your car- you weren't stoned while driving- he just takes it and gives you a ticket and you leave?

I find that hard to believe for some reason? Do you get arrested at all? even taken in and then let go?

NOTE to anyone reading this- if you do get caught with marijuana- and the police officer asks you to give it to him- make sure not to make it "public view" while handing it to him or that's immediately a misdemeanor and you will be arrested. Best thing to do is ask him how to hand it over without making it public view- so that he can't charge you on that. Cause let's face it- they'll try and charge you on whatever they can get away with to entertain themselves.

Answer 1

Actually yes.  In NY marijuana is actually decriminalized and considered a violation, which is lower than a misdemeanor and considered "non-criminal" so you don't get a record.  Some other "Violations" are loitering, disorderly, conduct, public urination, etc and are akin to getting a speeding ticket. So if there is less than 25 grams in your possession and you are caught (for first and second offenders), you receive a ticket and then you are on their way.  Secondly there is a provision in the law which allows for the violation to be ACOD, which means Adjournment in Contemplation of Dismissal.  This means that if you don't get into any trouble for a period of time(usually 18 months) the ticket will be dismissed and its like it never happened.