New York Drug Charges Criminal Defense Lawyers.

Every state regulates the possession of controlled substances. However, each state has a different definition of a controlled substance and different penalties for possession. In New York, well-known drugs such as heroin and cocaine are classified as controlled substances as well as compounds used to manufacture them.

Controlled Substance Classification in New York

There are five "Schedules" of controlled substances. Schedule I controlled substances have a high probability of addiction and no recognized medical purpose. Schedules II, III, IV, and V decrease in probability of addiction and increase in recognized medical uses.

Penalties for Possession a Controlled Substance in New York

It is illegal to possess a controlled substance without a valid prescription. The penalties for possession depend on the type and amount of controlled substance involved in the violation, as described below:

Class A-I Felony

It is a felony to possess more than eight ounces of narcotic drugs or more than 5,760 milligrams of methadone. The penalties if convicted of a Class A-I felony include a fine of up to $100,000, fifteen to 25 years in prison, or both. (N.Y. Pub. Health Law § 220.21)

Class A-II Felony

It is a felony to possess:

• Four to eight ounces of narcotic drugs,
• More than two ounces of methamphetamine or more than ten grams of any other drug classified as a stimulant,
• More than 25 milligrams of lysergic acid (LSD),
• More than 625 milligrams of any drug classified as a hallucinogen,
• More than 25 grams of a hallucinogenic substance, and
• 2,880 milligrams to 5,760 milligrams of methadone.