new york penal code 220 18 criminal possession of a controlled s

New York Penal Code 220.18 – Criminal Possession of a Controlled Substance

New York Penal Code 220.18 makes it illegal to possess certain controlled substances like cocaine, heroin, LSD, and others. This law has big penalties for people caught with a lot of drugs–it’s a class A felony with up to 20 years in prison. But what exactly does “criminal possession” mean? When are you breaking 220.18 versus just getting a ticket? Let’s break it down.

The Basics

220.18 says you’re guilty if you “knowingly and unlawfully” have one of the drugs on the controlled substance list. To be convicted, prosecutors have to prove two things:

1. You knew you had the drug on you
2. You didn’t have a valid prescription or other legal reason to possess it

So if police find a bag of cocaine in your pocket, you’re busted. But if you took the wrong prescription pill by accident, you’re not knowingly possessing an illegal drug. See the difference?

Amount Matters

How much you’re carrying makes a huge difference. Under 220.18, possession of:

• 4 ounces or more of cocaine, or
• 2 ounces or more of heroin or methamphetamine

Bumps the charge up to a class A felony. That’s the highest level in NY, with up to 20 years behind bars if convicted. Lesser weights like half an ounce are lower B or C felonies with less prison time. Trace amounts may just be misdemeanors. So the more you have, the worse trouble you’re in.

Intent – Selling vs Personal Use

Prosecutors can tell if you planned to sell drugs or use them yourself. Signs of dealing include:

• Having baggies, scales, or other distribution materials
• Large quantities of drugs
• Lots of cash on you

On the flip side, if you just had a small, personal use amount, they may offer a plea deal to a lesser possession charge. But fighting the intent to sell accusation can be tough without solid proof like text messages.

Common Defenses

If charged with criminal possession, possible defenses include:

• Lack of knowledge – the drugs were left in your car or pocket without you knowing. Hard to prove, but may work if police find just traces or residues.
• No possession – you were arrested near the drugs but didn’t actually have them on you personally.
• Illegal search – police found the drugs through an unconstitutional search, like no consent or no probable cause.

An experienced criminal defense lawyer can evaluate the facts of your case and advise on the best defense strategy.

Penalties

220.18 possession penalties depend on the drug amount and criminal record. Possible sentences include:

• Up to 9 years for 4+ ounces of cocaine or 2+ ounces of meth/heroin with no priors
• Up to 12 years for similar weights with 1 prior felony conviction
• Up to 15 years for similar weights with 2+ prior felonies
• Up to 20 years for similar weights for “drug kingpins” with 2+ prior felonies

Lesser amounts may lead to shorter 1-9 year sentences. Trace amounts could even result in parole or probation if it’s a first offense. Getting an experienced NY drug crimes lawyer is crucial to minimize penalties and avoid jail time if possible.

Getting Help

Being charged with any felony is scary. But 220.18 allegations involving heavy weights can totally disrupt your life. The good news is experienced lawyers can often get charges reduced or even dismissed. Don’t take a chance going it alone against prosecutors. The stakes are too high.