220.09 Criminal possession of a controlled substance in the fourth degree.

Overview of New York Drug Offenses

Even though the legality of drugs continues to be a matter of debate in New York, New York still has a long and aggressive list of criminal drug offenses. Lawmakers divide the charges into what they see as being the most serious offenses with the biggest possible penalties to the lowest offenses with the least potential consequences. They ban possessing drugs, selling them, and selling them on a school grounds or with the assistance of a minor child.

In the middle of the pack for serious drug offenses is criminal possession of a controlled substance in the fourth degree. The most serious drug possession offenses are possession in the first degree offenses. The least serious offenses are seventh degree offenses. While all possession charges are serious offenses, a fourth-degree possession offense is a class C felony.

Penalties for Fourth-Degree Possession

A conviction may result in jail and even up to 15 years in prison. On the other hand, a class C felony is an offense where the judge has more discretion than in some other, more serious felony offenses.

Elements of the Offense

There isn't one definition of just one action that constitutes possession of a controlled substance in the fourth degree. Instead, the amounts of each drug you must possess to be in violation of the law depend on the type of drug. You may need to refer to New York's schedule of controlled substances in order to determine what applies in your case.

Drug Type and Possession Thresholds