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Drug possession

Possession of Controlled Substance

§ 220.03 Criminal possession of a controlled substance in the seventh degree

A person is guilty of criminal possession of a controlled substance in the seventh degree when he knowingly and unlawfully possesses a controlled substance. To learn more about how I can help protect your rights, call my office at 718-720-1000 for a free initial consultation.
Criminal possession of a controlled substance in the seventh degree is a class A misdemeanor.

§ 220.06 Criminal possession of a controlled substance in the fifth degree

A person is guilty of criminal possession of a controlled substance in the fifth degree when he knowingly and unlawfully possesses:

  1. a controlled substance with intent to sell it; or
  2. one or more preparations, compounds, mixtures or substances containing a narcotic preparation and said preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or
  3. phencyclidine and said phencyclidine weighs fifty milligrams or more; or
  4. one or more preparations, compounds, mixtures or substances containing concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of the public health law and said preparations, compounds, mixtures or substances are of an aggregate weight of one-fourth ounce or more; or
  5. cocaine and said cocaine weighs five hundred milligrams or more.
  6. ketamine and said ketamine weighs more than one thousand milligrams; or
  7. ketamine and has previously been convicted of possession or the attempt to commit possession of ketamine in any amount; or
  8. one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid, as defined in paragraph four of subdivision (e) of schedule I of section thirty-three hundred six of the public health law, and said preparations, compounds, mixtures or substances are of an aggregate weight of twenty-eight grams or more.

Criminal possession of a controlled substance in the fifth degree is a class D felony.To learn more about how I can help protect your rights, call my office at 718-720-1000 for a free initial consultation.

§ 220.09 Criminal possession of a controlled substance in the fourth degree

A person is guilty of criminal possession of a controlled substance in the fourth degree when he knowingly and unlawfully possesses:

  1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more; or
  2. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or
  3. one or more preparations, compounds, mixtures or substances containing a narcotic preparation and said preparations, compounds, mixtures or substances are of an aggregate weight of two ounces or more; or
  4. a stimulant and said stimulant weighs one gram or more; or
  5. lysergic acid diethylamide and said lysergic acid diethylamide weighs one milligram or more; or
  6. a hallucinogen and said hallucinogen weighs twenty-five milligrams or more; or
  7. a hallucinogenic substance and said hallucinogenic substance weighs one gram or more; or
  8. a dangerous depressant and such dangerous depressant weighs ten ounces or more; or
  9. a depressant and such depressant weighs two pounds or more; or
  10. one or more preparations, compounds, mixtures or substances containing concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of the public health law and said preparations, compounds, mixtures or substances are of an aggregate weight of one ounce or more; or
  11. phencyclidine and said phencyclidine weighs two hundred fifty milligrams or more; or
  12. methadone and said methadone weighs three hundred sixty milligrams or more; or
  13. phencyclidine and said phencyclidine weighs fifty milligrams or more with intent to sell it and has previously been convicted of an offense defined in this article or the attempt or conspiracy to commit any such offense; or
  14. ketamine and said ketamine weighs four thousand milligrams or more; or
  15. one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid, as defined in paragraph four of subdivision (e) of schedule I of section thirty-three hundred six of the public health law, and said preparations, compounds, mixtures or substances are of an aggregate weight of two hundred grams or more. To learn more about how I can help protect your rights, call my office at 718-720-1000 for a free initial consultation.

Criminal possession of a controlled substance in the fourth degree is a class C felony.

§ 220.16 Criminal possession of a controlled substance in the third degree

A person is guilty of criminal possession of a controlled substance in the third degree when he knowingly and unlawfully possesses:

  1. a narcotic drug with intent to sell it; or
  2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide, with intent to sell it and has previously been convicted of an offense defined in article two hundred twenty or the attempt or conspiracy to commit any such offense; or
  3. a stimulant with intent to sell it and said stimulant weighs one gram or more; or
  4. lysergic acid diethylamide with intent to sell it and said lysergic acid diethylamide weighs one milligram or more; or
  5. a hallucinogen with intent to sell it and said hallucinogen weighs twenty-five milligrams or more; or
  6. a hallucinogenic substance with intent to sell it and said hallucinogenic substance weighs one gram or more; or
  7. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers with intent to sell it and said preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more; or
  8. a stimulant and said stimulant weighs five grams or more; or
  9. lysergic acid diethylamide and said lysergic acid diethylamide weighs five milligrams or more; or
  10. a hallucinogen and said hallucinogen weighs one hundred twenty-five milligrams or more; or
  11. a hallucinogenic substance and said hallucinogenic substance weighs five grams or more; or
  12. one or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or
  13. phencyclidine and said phencyclidine weighs one thousand two hundred fifty milligrams or more.

Criminal possession of a controlled substance in the third degree is a class B felony.

§ 220.18 Criminal possession of a controlled substance in the second degree

A person is guilty of criminal possession of a controlled substance in the second degree when he or she knowingly and unlawfully possesses:

  1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of four ounces or more; or
  2. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances are of an aggregate weight of two ounces or more; or
  3. a stimulant and said stimulant weighs ten grams or more; or
  4. lysergic acid diethylamide and said lysergic acid diethylamide weighs twenty-five milligrams or more; or
  5. a hallucinogen and said hallucinogen weighs six hundred twenty-five milligrams or more; or
  6. a hallucinogenic substance and said hallucinogenic substance weighs twenty-five grams or more; or
  7. methadone and said methadone weighs two thousand eight hundred eighty milligrams or more.

Criminal possession of a controlled substance in the second degree is a class A-II felony.

§ 220.21 Criminal possession of a controlled substance in the first degree

A person is guilty of criminal possession of a controlled substance in the first degree when he or she knowingly and unlawfully possesses:

  1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of eight ounces or more; or
  2. methadone and said methadone weighs five thousand seven hundred sixty milligrams or more.

Criminal possession of a controlled substance in the first degree is a class A-I felony.

Offenses Involving Marijuana

In New York, marijuana is not  considered a" controlled substance or a narcotic" under the state's drug crime statutes.Rather, marijuana charges are separately defined under Penal Law § 221 which provides for several different types of charges for marijuana related offenses. The penalties associated with your charge depends on the amount of marijuana found, location of the offense, and whether there is indicia of an intent to sell.

 

§ 221.05 Unlawful possession of marijuana

A person is guilty of unlawful possession of marijuana when he knowingly and unlawfully possesses marijuana. Unlawful possession of marijuana is a violation punishable only by a fine of not more than one hundred dollars. However, where the defendant has previously been convicted of an offense defined in this article or article 220 of this chapter, committed within the three years immediately preceding such violation, it shall be punishable (a) only by a fine of not more than two hundred dollars, if the defendant was previously convicted of one such offense committed during such period, and (b) by a fine of not more than two hundred fifty dollars or a term of imprisonment not in excess of fifteen days or both, if the defendant was previously convicted of two such offenses committed during such period.

Note:  A conviction for any marijuana crimes or any narcotics crime, whether misdemeanor or felony, will result in a mandatory driver's license suspension for six months. College and graduate school students may also lose their federally-funded loans based upon any drug conviction. Moreover, drug convictions that make someone ineligible for student loans and other financial aid can include any marijuana offense such as Unlawful Possession of Marihuana under New York Penal Law §221.05.

 

§ 221.10 Criminal possession of marijuana in the fifth degree

A person is guilty of criminal possession of marijuana in the fifth degree when he knowingly and unlawfully possesses:

  1. marijuana in a public place, as defined in section 240.00 of this chapter, and such marijuana is burning or open to public view; or
  2. one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams.

Criminal possession of marijuana in the fifth degree is a class B misdemeanor.

§ 221.15 Criminal possession of marijuana in the fourth degree

A person is guilty of criminal possession of marijuana in the fourth degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than two ounces.
Criminal possession of marijuana in the fourth degree is a class A misdemeanor.

§ 221.20 Criminal possession of marijuana in the third degree

A person is guilty of criminal possession of marijuana in the third degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than eight ounces.
Criminal possession of marijuana in the third degree is a class E felony.

§ 221.25 Criminal possession of marijuana in the second degree

A person is guilty of criminal possession of marijuana in the second degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than sixteen ounces.
Criminal possession of marijuana in the second degree is a class D felony.

§ 221.30 Criminal possession of marijuana in the first degree

A person is guilty of criminal possession of marijuana in the first degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than ten pounds.
Criminal possession of marijuana in the first degree is a class C felony.

§ 221.55 Criminal sale of marijuana in the first degree

A person is guilty of criminal sale of marijuana in the first degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than sixteen ounces.
Criminal sale of marijuana in the first degree is a class C felony.

§ 221.50 Criminal sale of marijuana in the second degree

A person is guilty of criminal sale of marijuana in the second degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than four ounces, or knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marijuana to a person less than eighteen years of age.
Criminal sale of marijuana in the second degree is a class D felony.

§ 221.45 Criminal sale of marijuana in the third degree

A person is guilty of criminal sale of marijuana in the third degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams.
Criminal sale of marijuana in the third degree is a class E felony.

§ 221.15 Criminal sale of marijuana in the fourth degree

A person is guilty of criminal possession of marihuana in the fourth degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than two ounces.
Criminal possession of marihuana in the fourth degree is a class A misdemeanor.

§ 221.35 Criminal sale of marijuana in the fifth degree

A person is guilty of criminal sale of marijuana in the fifth degree when he knowingly and unlawfully sells, without consideration, one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of two grams or less; or one cigarette containing marijuana.
Criminal sale of marijuana in the fifth degree is a class B misdemeanor.

To learn more about how I can help protect your rights, call my office at 718-720-1000e an for a free initial consultation

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Phone: 718-720-1000
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