Drug Possession Charges By State – NY

CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE; PRESUMPTION.
NY PENAL LAW § 220.05

  • 1. The presence of a controlled substance in an automobile, other than a public omnibus, is presumptive evidence of knowing possession thereof by each and every person in the automobile at the time such controlled substance was found; except that such presumption does not apply (a) to a duly licensed operator of an automobile who is at the time operating it for hire in the lawful and proper pursuit of his trade, or (b) to any person in the automobile if one of them, having obtained the controlled substance and not being under duress, is authorized to possess it and such controlled substance is in the same container as when he received possession thereof, or (c) when the controlled substance is concealed upon the person of one of the occupants.
  • 2. The presence of a narcotic drug, narcotic preparation, marihuana or phencyclidine in open view in a room, other than a public place, under circumstances evincing an intent to unlawfully mix, compound, package or otherwise prepare for sale such controlled substance is presumptive evidence of knowing possession thereof by each and every person in close proximity to such controlled substance at the time such controlled substance was found; except that such presumption does not apply to any such persons if (a) one of them, having obtained such controlled substance and not being under duress, is authorized to possess it and such controlled substance is in the same container as when he received possession thereof, or (b) one of them has such controlled substance upon his person.

CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE.
NY PENAL LAW § 220.21

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.

 

CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE.
NY PENAL LAW § 220.18

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.

 

CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE THIRD DEGREE.
NY PENAL LAW § 220.16

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 con- victed 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.

 

CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE FOURTH DEGREE.
NY PENAL LAW § 220.09

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.

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

 

CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE FIFTH DEGREE.
NY PENAL LAW § 220.06

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.

CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE SEVENTH DEGREE.
NY PENAL LAW § 220.03

A person is guilty of criminal possession of a controlled substance in the seventh degree when he or she knowingly and unlawfully possesses a controlled substance; provided, however, that it shall not be a violation of this section when a person possesses a residual amount of a controlled substance and that residual amount is in or on a hypodermic syringe or hypodermic needle obtained and possessed pursuant to section thirty-three hundred eighty-one of the public health law, which includes the state’s syringe exchange and pharmacy and medical provider-based expanded syringe access programs; nor shall it be a violation of this section when a person’s unlawful possession of a controlled substance is discovered as a result of seeking immediate health care as defined in paragraph (b) of subdivision three of section 220.78 of the penal law, for either another person or him or herself because such person is experiencing a drug or alcohol overdose or other life threatening medical emergency as defined in paragraph (a) of subdivision three of section 220.78 of the penal law.

Criminal possession of a controlled substance in the seventh degree is a class A misdemeanor.

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