Possession Of A Controlled Substance in New York

Although possession of drugs is often not as serious as some other drug charges, possessing even a small amount of drugs can have serious consequences. In addition to possible jail time and fines, a conviction for drug possession will be on your permanent criminal record, which could impact your career and other opportunities. If you have been charged with possession of drugs, you should contact a lawyer who is experienced with crimes involving controlled substances and can develop a strategic defense for your case.

NYC Drug Possession Crimes of Controlled Substances

It is against the law to knowingly possess either illicit drugs or prescription drugs without a prescription. New York has six different degrees of drug possession, otherwise known as criminal possession of a controlled substance.

Criminal Possession of a Controlled Substance in the Seventh Degree

Criminal Possession of a Controlled Substance in the Seventh Degree (P.L. 220.03)–the least serious drug possession charge, is a class A misdemeanor. This crime is charged when you are in possession of drugs but in an amount insufficient to warrant a felony charge. If convicted, you could face up to one year in jail and up to three years of probation. However, first-time offenders may be able to get lighter sentences if they work with an experienced lawyer.

Criminal Possession of a Controlled Substance in the Fifth Degree

Criminal Possession of a Controlled Substance in the Fifth Degree (P.L. 220.06) can be charged when you possess:

  • Any controlled substance with an intent to sell it
  • At least a half ounce of any compound or mixture containing a narcotic preparation
  • 50 milligrams or more of phencyclidine (PCP)
  • 500 milligrams or more of cocaine
  • 1000 milligrams or more of ketamine or have a prior conviction for possession of ketamine
  • 28 grams or more of gamma-hydroxybutyric acid (GHB)

Criminal Possession of a Controlled Substance in the Fifth Degree is a class D felony. If convicted, you could face up to two and one half years in prison, and you could face even more time if you have been convicted of a felony within the last ten years.

Criminal Possession of a Controlled Substance in the Fourth Degree

P.L. 220.09 defines Criminal Possession of a Controlled Substance in the Fourth Degree as follows:

  • Possession of at least one-eighth of an ounce of compound or mixture containing¬† a narcotic drug
  • Possession of at least a half ounce of methamphetamine preparations
  • Possession of at least two ounces of any substances containing a narcotic preparation
  • Possession of one gram or more of any stimulant
  • Possession of one milligram or more of LSD or 25 milligrams or more of other hallucinogens
  • Possession of 10 ounces or more of a dangerous depressant or two pounds or more of another depressant
  • Possession of 250 milligrams or more of PCP
  • Possession of 260 milligrams or more of methadone
  • Possession of 50 milligrams or more of PCP with the intent to sell it
  • Possession of 4,000 milligrams or more of ketamine
  • Possession of 200 grams or more of GHB or any substances containing GHB

Criminal Possession of a Controlled Substance in the Fourth Degree is a class C felony, and if convicted you face up to five and one half years in prison, and you could face even more time if you have been convicted of a felony within the last ten years.

Criminal Possession of a Controlled Substance in the Third Degree

Criminal Possession of a Controlled Substance in the Third Degree under P.L. 220.16 can be charged when the prosecution believes you intended to sell certain types and quantities of drugs. Specifically, it is charged when the prosecution believes:

  • You were in possession of any narcotic drug with the intent to sell it;
  • You were in possession of a stimulant, hallucinogenic substance, or LSD with the intent to sell it, are part of a conspiracy to sell it, or have a prior conviction;
  • You were in possession of one gram or more of a stimulant with an intent to sell it;
  • You were in possession of one milligram or more of LSD with the intent to sell it; or
  • You were in possession of 25 milligrams or more of a hallucinogen or one gram or more of a hallucinogenic substance with the intent to sell it.

However, you can also be charged with Criminal Possession of a Controlled Substance in the Third Degree for simple possession of the following drugs in the specified amounts, even if you did not intend to sell them:

  • One-eighth of an ounce or more of any substance containing methamphetamine;
  • Five grams or more of a stimulant;
  • Five milligrams or more of LSD;
  • 25 grams or more of a hallucinogen;
  • 5 grams or more of a hallucinogenic substance;
  • 1,250 milligrams or more of PCP; or
  • A one-half ounce or more of any mixture or compound containing a narcotic drug.

Criminal Possession of a Controlled Substance in the Third Degree is a class B felony. If convicted, you face a sentence of up to nine years in prison, and you could face more if you have been convicted of a felony within the last ten years.

Criminal Possession of a Controlled Substance in the Second Degree

P.L. 220.18  makes it a crime to possess the following drugs in the specified amounts:

  • Stimulants of 10 grams or more
  • 25 milligrams or more of LSD or other hallucinogen or hallucinogenic substance
  • 2,880 milligrams or more of methadone
  • Four ounces or more of any mixture or compound containing a narcotic drug
  • Two ounces or more of any mixture or compound containing methamphetamine

Criminal Possession of a Controlled Substance in the Second Degree is a class A-II felony. If convicted you face up to ten years in prison, and you could face more if you have been convicted of a felony within the last ten years.

Criminal Possession of a Controlled Substance in the First Degree

Criminal Possession of a Controlled Substance in the First Degree, is the most serious drug crime you can face. Under P.L. 220.21, you can be charged with this offense in one of two situations:

  • You were in possession of eight ounces or more of any mixture or compound containing a narcotic drug
  • You were in possession of 5,760 milligrams or more of methadone

Criminal Possession of a Controlled Substance in the First Degree is a class A-I felony. If convicted, you may be sentenced up to twenty years in prison. If you have been convicted of a felony within the last ten years, your sentence could be even more serious. to life in prison.

Facing Drug Possession Charges? Contact NYC Drug Possession Lawyer Cody Warner for Help

If you have been charged with a drug crime, you may have many options available for your case. Cody can analyze your case and determine the best path forward. Call or email today to schedule a free consultation to discuss your case and how Cody can help.