Understanding New York’s Drug Possession Laws: Charges and Penalties in 2025

Thanks for visiting Spodek Law Group. We’re a second-generation law firm – managed by Todd Spodek, with over 50 years of combined experience handling criminal defense cases across New York. If you’re reading this, you’re likely facing drug charges or trying to understand what happens when someone gets caught with drugs in New York. The penalties depend entirely on what you had, how much, and what prosecutors think you planned to do with it.

This article breaks down New York’s drug possession law – the degree system, the weight thresholds that determine your charges, and the actual prison time you’re facing. We’re explaining what matters when you’re arrested, not every legal theory that exists.

New York’s Seven-Degree System for Drug Possession

New York structures drug possession charges using degrees under Penal Law Article 220 – seventh degree being the lowest, first degree the most serious. The degree determines whether you’re charged with a misdemeanor or felony, and what prison sentence you face.

Seventh-degree possession is a Class A misdemeanor. That’s the charge for small amounts of controlled substances – personal use quantities without intent to sell. You’re looking at up to 364 days in jail and a $1,000 fine. Most first-time possession arrests start here.

Fifth-degree possession jumps to a Class D felony. This applies when you possess drugs with intent to sell, or when you cross certain weight thresholds. Half an ounce of a narcotic like heroin, 500 milligrams of cocaine, or 50 milligrams of PCP – any of these trigger fifth-degree charges. Now you’re facing one to seven years in prison.

The degrees climb from there based on weight. Third and second degree are Class B felonies with higher amounts. Then there’s first degree – the kingpin charge.

First-Degree Possession: Eight Ounces and Mandatory Prison Time

Eight ounces of narcotics. That’s the line for first-degree criminal possession under Penal Law § 220.21. This is a Class A-1 felony – the same classification as murder.

The mandatory minimum is eight years in state prison. The judge has zero discretion to go lower. Maximum sentence is 20 years for first-time offenders. If you have prior felony drug convictions, that minimum climbs to 12 years, then 15 years for repeat offenders.

We see these charges when someone gets caught with bulk quantities. Prosecutors assume you’re distributing at that level, even without direct evidence of sales.

Weight Thresholds That Determine Your Charges

People don’t realize how quickly the weight adds up to felony territory. Packaging matters – the entire weight of the mixture counts, not just the pure drug content.

Take heroin. Under two ounces? Class A misdemeanor, potentially up to a year in jail. Half an ounce to four ounces? Class D felony, one to seven years. Four to eight ounces? Class B felony, one to nine years. Eight ounces or more? Class A-1 felony, mandatory eight to 20 years.

Cocaine follows similar thresholds but starts at 500 milligrams for fifth-degree charges. You can fit that in a small baggie. Methamphetamine has a half-ounce threshold for felony charges – possession of less than that is a misdemeanor, but cross that line and you’re facing a Class C felony with a 5.5-year maximum sentence.

How Prosecutors Prove Intent to Sell

You don’t need to be caught making a sale to face distribution charges. Prosecutors infer intent from circumstances – and they’re aggressive about it.

Large quantities suggest dealing. So do scales, baggies, large amounts of cash, customer lists, text messages discussing drugs, or multiple phones. If police find you with an ounce of cocaine divided into ten separate bags, they’ll charge you with intent to sell, even without witnessing a transaction.

We’ve defended cases where someone borrowed a car and had no idea drugs were hidden in the trunk. Or situations where multiple people had access to an apartment where drugs were found. Prosecutors charge everyone present and let defendants prove they didn’t know about the drugs – flipping the burden onto you.

Actual Prison Time, Fines, and Mandatory Minimums

Sentencing in drug cases has mandatory floors. Judges cannot go below these minimums, regardless of circumstances.

For Class A-1 felonies (first-degree possession), non-major traffickers face eight to 20 years plus five years of post-release supervision. Second felony offenders face 12 to 20 years minimum. “Major traffickers” under New York’s kingpin statute get 15 years to life.

Class B felonies carry one to nine years. Class C felonies carry up to 5.5 years. Class D felonies carry one to seven years. Fines stack on top – up to $100,000 for first-degree possession, $50,000 for second degree, thousands for lower degrees.

Post-release supervision follows your prison term – three to five years where you’re monitored, drug-tested, and can be sent back for violations.

Marijuana Laws in 2025: What’s Legal and What’s Not

New York legalized recreational marijuana for adults 21 and over. You can possess up to three ounces of cannabis without criminal penalties.

But the law draws hard lines. Possess more than three ounces, you’re facing criminal charges. Between three ounces and five pounds is a violation with fines. Five to ten pounds is a Class E felony – up to 18 months in prison. Over ten pounds is a Class D felony – up to 2.5 years.

Selling marijuana without a license remains illegal. The state issues retail licenses, and if you’re not one of them, you’re committing a crime. We see these charges constantly – someone thinks they can sell legally now because it’s legal to possess. Wrong. Unlicensed sales are prosecuted.

What Spodek Law Group Does in Drug Cases

We’ve handled hundreds of drug possession cases since 1976 – from simple misdemeanor possession to multi-kilogram trafficking charges. Our team includes former federal prosecutors who understand how the government builds drug cases and where the weak points are.

Your first call after an arrest determines what happens next. Police want statements. Prosecutors want you to cooperate and implicate others. Anything you say gets used to increase charges or strengthen their case. We step in immediately – stop the questioning, review what evidence they actually have, and fight charges before they’re formally filed when possible.

Illegal searches destroy drug cases. Police need probable cause to search your car, your home, your person. They need warrants, or specific exceptions to the warrant requirement. We challenge every search, every stop, every statement they claim you made. If the search was illegal, the drugs get suppressed – and without the drugs, prosecutors have no case.

Drug court and diversion programs offer alternatives to prison for some defendants. We push for these programs when you’re eligible – treatment instead of incarceration, with charges dismissed upon completion. Not everyone qualifies, but when the option exists, we fight to get you in.

At Spodek Law Group – we focus on getting you the best outcome possible. Whether that’s getting charges dismissed, negotiating reduced charges, or taking your case to trial. You can reach us 24/7 at our offices throughout NYC and Long Island. Your future depends on your defense – and we take that seriously.