Weed was never my thing so I'm ignorant. But I was under the assumption they stopped criminalizing weed smokers because of legalization laws.
Also, I am pretty sure carrying marijuana in NYC is now a disorderly conduct as opposed to anything with real consequences. Last time I went to court, nobody had repercussions for anything involving weed, and everyone in there had something with marijuana going on.
What's the general law right now across the country?