What Are the Degrees of NY Penal Law 220 Criminal Possession of Controlled Substance

Understanding Criminal Possession of Controlled Substances in New York

Introduction

When it comes to the letter of the law in the state of New York’s penal code, we’ll be the first to admit that things can be a little complicated, if not downright confusing. But while it can be tricky to navigate what exactly the law means, it doesn’t always have to be this way. In fact, in our ongoing series of posts, we’ve taken apart the law and broken it down into digestible chunks so that even the layman can not only understand the law but also figure out how to use it in their favor in a legal action. We’ve covered subjects like burglary, assault, even things like identity theft and cybercrimes. Today, however, we’re going to take a look at a couple of charges under the law of criminal possession of a controlled substance. In our previous post we covered the definitions involved, so we’re going to jump right into it with criminal possession of a controlled substance in the seventh degree. Let’s begin.

Criminal Possession of a Controlled Substance in the Seventh Degree

To be guilty of this crime, you’ll have to have knowingly and also unlawfully possessed some kind of controlled substance. It’s important to note, though, that it isn’t a violation when you possess a residual amount of the substance in like a syringe or something similar, and possess it because of a syringe exchange, or something like that. It’s also not a violation of this section if the possession is as a result of seeking immediate health care because you’re going through an overdose or something like that. Criminal possession of a controlled substance in the seventh degree is a class A misdemeanor.

Criminal Possession of a Controlled Substance in the Fifth Degree

To be guilty of this particular crime, you have to both knowingly and unlawfully possess either a controlled substance with the intention of selling it, or multiple preparations, mixtures, compounds, or other kinds of substances that contain a narcotic preparation and those preparations or any other type of thing weigh a total of a half ounce or more, or phencyclidine that weighs fifty milligrams or more, or multiple preparations, mixtures, compounds, or other kinds of substances that contain concentrated cannabis and those preparations or any other type of thing weigh a total of a fourth of an ounce or more, or cocaine that weighs a total of five hundred milligrams or more, or ketamine that weighs more than a thousand milligrams, or ketamine when you’ve previously been convicted of possession of ketamine in any amount, or multiple preparations, mixtures, compounds, or other kinds of substances that contain GHB, and those preparations or any other type of thing weigh a total of twenty-eight grams or more. Criminal possession of a controlled substance in the fifth degree is considered to be a class D felony.

As you can see, everything becomes much easier to understand once you break it down into its composite parts and skip the boring legalese to get at the essence of the law as opposed to just the letter of it. We started this look into criminal possession of a controlled substance by outlining the definitions involved, and then followed it up by showing you what actually goes into a conviction for one of these crimes. Now while we’ve covered two of the crimes under this law, there are still more to come that we’re going to cover in future posts. With that said, we encourage you to stick with us as we outline the various charges that there are for criminal possession of a controlled substance, and if you’re interested in other types of charges, you can then go on to check out some of the articles we did for other charges in the state of New York’s penal law as well. Just because you’re facing legal trouble doesn’t mean you have to suffer from the consequences of the law.

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 or she knowingly and unlawfully has in their possession a narcotic drug with the intent to sell it, a stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide, with the intent to sell it and has also previously been convicted of an offense as defined in article two hundred twenty, or else the attempt or conspiracy to commit any offense like this, a stimulant with the intent to sell it and if that stimulant weighs one gram or more, lysergic acid diethylamide with the intent to sell it and if that lysergic acid diethylamide weighs one milligram or more, a hallucinogen with the intent to sell it and if that hallucinogen weighs twenty-five milligrams or more, a hallucinogenic substance with the intent to sell it and if that hallucinogenic substance weighs one gram or more, one or more preparations, compounds, mixtures or substances containing methamphetamine, whether that be its salts, isomers, or even its salts of isomers with the intent to sell it and if the preparations, compounds, mixtures or even the substances are of an aggregate weight of at least one-eighth ounce or more, a stimulant and if that stimulant weighs five grams or more, lysergic acid diethylamide and if that lysergic acid diethylamide weighs five milligrams or more, a hallucinogen and if that hallucinogen weighs one hundred twenty-five milligrams or more, a hallucinogenic substance and if that hallucinogenic substance weighs five grams or more, one or more preparations, compounds, mixtures or substances containing a narcotic drug and if those preparations, compounds, mixtures or substances are of a total aggregate weight of one-half ounce or more, or lastly phencyclidine and if that 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 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 one or more preparations, compounds, mixtures, or even substances that contain a narcotic drug and if those preparations, compounds, mixtures or substances are of a total aggregate weight of four ounces or more, one or more preparations, compounds, mixtures or substances that contain methamphetamine, its salts, isomers or even salts of isomers and if those preparations, compounds, mixtures or substances are of a total aggregate weight of two ounces or more, a stimulant and if that stimulant weighs ten grams or more, lysergic acid diethylamide and if that lysergic acid diethylamide weighs twenty-five milligrams or more, a hallucinogen and if that hallucinogen weighs six hundred twenty-five milligrams or more, a hallucinogenic substance and if that hallucinogenic substance weighs twenty-five grams or more, or lastly methadone and if that 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 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 one or more preparations, compounds, mixtures or even substances containing a narcotic drug and if those preparations, compounds, mixtures or substances are of a total aggregate weight of eight ounces or more, or methadone and if that 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.