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May 27, 2016

What is the law regarding criminal possession of a controlled substance in New York?

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.

 

What is the law regarding criminal possession of a controlled substance in New York?

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