The state of New York is tough on drug possession. They aggressively prosecute those who have heroin, crack, cocaine, ecstasy, LSD, or other controlled substances in their possession. Being arrested for drug possession can be a frightening experience. Even the smallest amount on your persons can lead to serious criminal charges. Whether it is a misdemeanor or a felony case does not matter; you need legal representation.
Understanding §220 of The New York Penal Laws
This state refers to narcotics like LDS, cocaine, and heroin. Marijuana is not considered a controlled substance and it has its own set of laws. There are six levels of criminal possession. They start from the seventh-degree misdemeanor and go down to a first-degree felony. To be prepared for your day in court, you need to understand the consequences of having drugs on your person. All of this information can be found in the New York Penal Laws section §220.
•Seventh Degree – Class A Misdemeanor – This is having any drug, besides marijuana, in your possession.
•Fifth Degree – Class D Felony – This charge will be for anyone who has an intent to sell and a large amount on their persons. It includes 500 mg or more of cocaine, 50 mg of phencyclidine, and over 1,000 mg of ketamine.
•Fourth Degree – Class C Felony – Having narcotics that weigh over 1/8 of an ounce or any mixture that is at least a ½ ounce. Carrying one gram or more of any stimulant, LSD, or 25 milligrams or more of any hallucinogens.
•Third Degree – Class B Felony – Having narcotics with the intent to sell. It can be a mix of hallucinogens or stimulants. Many in this charge have previous drug convictions. Amounts can include five grams or more of stimulants or hallucinogens, five milligrams or more of LSD, and 1,2500 milligrams or more of phencyclidine.
•Second Degree – Class A-II Felony – Having any narcotic mix that weighs at least four ounces. A mixture over two ounces that is a methamphetamine. Having more than 10 grams of a stimulant, 25 milligrams of LSD, or 2,800 milligrams of methadone.
•First Degree – Class A-I Felony – Having a narcotic mixture that weighs over eight ounces, or having 5,760 milligrams or more of methadone.
Under section §220.25 of the NY Penal Law, anyone that has a drug in their car is said to be evidence of a known possession. This excludes those that have a prescription for the drug or passengers who are concealing a drug from the driver.
Marijuana Charges In Manhattan
The traditional drug possession laws do not apply to marijuana. Its classifications are as follows:
•Fifth Degree – Class B Misdemeanor – Having more than 25 grams and using it in a public place.
•Fourth Degree – Class A Misdemeanor – Having possession of more than two ounces.
•Third Degree – Class E Felony – Having more than eight ounces, or a half pound, in your possession.
•Second Degree – Class D Felony – Possessing more than 1 ounces or a pound.
•First Degree – Class C Felony – Possessing or transporting more than 10 pounds, or 160 ounces, of marijuana.
Sentences and Fines
A felony drug conviction in New York will be either a fine of $5,000 or double the amount that you gained through the offense. These laws can be found under the New York Penal Law §80.00. Expect fines and jail time as follows:
•Class C Felonies – 15 Years in Prison and a $15,000 Fine
•Class B Felonies – 25 Years in Prison and a $30,000 Fine
•Class A-II Felonies – 25 Years in Prison and a $50,000 Fine
•Class A-I Felonies – 25 Years to Life in Prison and a $100,000 Fine
Though these are the maximum sentences, our attorneys may be able to help you get these charges reduced or dismissed. If you have been charged with possession or narcotics or marijuana, you need to get legal help immediately.