new york penal code 220 31 criminal sale of a controlled substan

New York Penal Code 220.31 makes it illegal to knowingly and unlawfully sell a controlled substance. This law is part of Article 220 of New York’s penal code, which covers controlled substance offenses. Let’s take a closer look at what this law means and the penalties someone could face if convicted.

What Does 220.31 Prohibit?

Under 220.31, it’s a crime to sell any amount of a controlled substance without legal authorization. Controlled substances are drugs categorized under federal and state drug laws based on their potential for abuse and addiction. This includes illegal drugs like cocaine, heroin, LSD and marijuana. It also covers certain prescription medications like painkillers, sedatives, stimulants and steroids.

To be convicted under 220.31, the prosecution must prove beyond a reasonable doubt that the defendant:

• Knowingly and intentionally sold a controlled substance
• Did not have legal authority to sell the substance, such as being a pharmacist
• Knew the substance they sold was a controlled substance

The sale can involve any amount of a controlled substance, no matter how small. “Sale” is defined broadly and includes exchanging drugs for money or other goods, like a trade. Sharing drugs with someone else could also potentially be considered a sale under the law.

Penalties for Criminal Sale of a Controlled Substance

Selling any amount of a controlled substance in violation of 220.31 is a Class D felony under New York law. The possible penalties include:

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

• 1 to 2.5 years in state prison
• Up to $5,000 in fines
• Post-release supervision for 1-1.5 years

The penalties increase if the sale takes place near school grounds or involves larger quantities. Selling drugs on or near school grounds bumps the crime up to a Class C felony. The possible prison sentence increases to 1 to 5.5 years.

Legal Scenario: What Would You Do?

Scenario

You were standing on a street corner in Brooklyn when an undercover officer approached and asked if you could help him find something to 'feel good.' After a brief exchange, you handed him a small bag containing what turned out to be a controlled substance, and you were immediately arrested.

I only sold a small amount — can I really be charged under New York Penal Code 220.31 for this?

Attorney's Answer

Yes, under New York Penal Code 220.31, the criminal sale of a controlled substance in the fifth degree applies to the sale of any amount of a controlled substance, regardless of how small the quantity. This charge is classified as a Class D felony, which carries a potential sentence of up to 7 years in prison. However, a strong defense may focus on entrapment, particularly if the undercover officer induced you to make a sale you would not have otherwise made, or on challenging whether the substance qualifies as 'controlled' under New York Public Health Law Schedule I-V. An experienced attorney can also explore whether you qualify for judicial diversion under CPL 216.05, which may allow treatment-based alternatives to incarceration for eligible drug offenses.

This is general information only. Contact us for advice specific to your situation.

Selling larger amounts of drugs is covered under other sections of Article 220:

• 220.34 – Selling narcotic drugs of an aggregate weight of 1/2 ounce or more
• 220.39 – Selling one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers of an aggregate weight of one-eighth ounce or more