DRUGS: STATE & FEDERAL

Were You Arrested for a Drug Offense?

Are you being charged with one of the following sections of the New York State Penal Law?

PL § 221.05: Unlawful Possession of Marihuana

A person is guilty of unlawful possession of marihuana when he knowingly and unlawfully possesses marihuana.

Unlawful possession of marihuana 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.

PL § 221.10: Criminal Possession of Marijuana in the Fifth Degree

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

1. marihuana in a public place, as defined in section 240.00 of this chapter, and such marihuana is burning or open to public view;  or

2. 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 twenty-five grams.

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

PL § 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 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.

PL § 220.09: Criminal Possession of a Controlled Substance in 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.

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

PL § 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.

PL § 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.

PL § 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.

PL § 220.31: Criminal Sale of a Controlled Substance in the Fifth Degree

A person is guilty of criminal sale of a controlled substance in the fifth degree when he knowingly and unlawfully sells a controlled substance. Criminal sale of a controlled substance in the fifth degree is a class D felony.

PL § 220.34: Criminal Sale of a Controlled Substance in the Fourth Degree

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

1. a narcotic preparation;  or

2. a dangerous depressant or a depressant and the dangerous depressant weighs ten ounces or more, or the depressant weighs two pounds or more;  or

3. concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of the public health law;  or

4. phencyclidine and the phencyclidine weighs fifty milligrams or more;  or

5. methadone;  or

6. any amount of phencyclidine and has previously been convicted of an offense defined in this article or the attempt or conspiracy to commit any such offense;  or

6-a. ketamine and said ketamine weighs four thousand milligrams or more.

7. a controlled substance in violation of section 220.31 of this article, when such sale takes place upon school grounds or on a school bus;  or

8. a controlled substance in violation of section 220.31 of this article, when such sale takes place upon the grounds of a child day care or educational facility under circumstances evincing knowledge by the defendant that such sale is taking place upon such grounds.  As used in this subdivision, the phrase “the grounds of a child day care or educational facility” shall have the same meaning as provided for in subdivision five of section 220.44 of this article.  For the purposes of this subdivision, a rebuttable presumption shall be established that a person has knowledge that they are within the grounds of a child day care or educational facility when notice is conspicuously posted of the presence or proximity of such facility;  or

9. 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 sale of a controlled substance in the fourth degree is a class C felony.

PL § 220.41: Criminal Sale of a Controlled Substance in the Second Degree

A person is guilty of criminal sale of a controlled substance in the second degree when he knowingly and unlawfully sells:

1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and the preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more;  or

2. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and the preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more;  or

3. a stimulant and the stimulant weighs five grams or more;  or

4. lysergic acid diethylamide and the lysergic acid diethylamide weighs five milligrams or more;  or

5. a hallucinogen and the hallucinogen weighs one hundred twenty-five milligrams or more;  or

6. a hallucinogenic substance and the hallucinogenic substance weighs five grams or more;  or

7. methadone and the methadone weighs three hundred sixty milligrams or more.

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

PL § 220.43: Criminal Sale of a Controlled Substance in the First Degree

A person is guilty of criminal sale of a controlled substance in the first degree when he knowingly and unlawfully sells:

1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and the preparations, compounds, mixtures or substances are of an aggregate weight of two ounces or more;  or

2. methadone and the methadone weighs two thousand eight hundred eighty milligrams or more.

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

PL § 229.39: Criminal Sale of a Controlled Substance in the Third Degree

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

1. a narcotic drug;  or

2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide 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 and the stimulant weighs one gram or more;  or

4. lysergic acid diethylamide and the lysergic acid diethylamide weighs one milligram or more;  or

5. a hallucinogen and the hallucinogen weighs twenty-five milligrams or more;  or

6. a hallucinogenic substance and the 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 and the preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more;  or

8. phencyclidine and the phencyclidine weighs two hundred fifty milligrams or more;  or

9. a narcotic preparation to a person less than twenty-one years old.

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