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.
The penalties if convicted of a Class A-II felony include a fine of up to $50,000, three years to eight years and four months in prison, or both. (N.Y. Pub. Health Law § 220.18.)
Class B felony: It is a felony to possess:
• One half ounce to four ounces of a narcotic drug,
• Five to ten grams of a stimulant,
• Five to 25 milligrams of LSD or other hallucinogenic substance, and
• More than 1,250 milligrams or more of phencyclidine (PCP).
The penalties if convicted of a Class B felony include a fine of up to $30,000, up to 25 years in prison, or both. (N.Y. Pub. Health Law § 220.16.)
Class C felony: It is a felony to possess:
• One eighth ounce but less than one half ounce of a narcotic drug,
• one half ounce to two ounces of methamphetamine or one to five grams of any other drug classified as a stimulant,
• One to five milligrams of LSD,
• 25 to 625 milligrams of a hallucinogen or one to five grams of a hallucinogenic substance,
• More than ten ounces of a dangerous depressant or more than two pounds of a depressant,
• 250 to 1,250 milligrams of PCP,
• 360 to 2,880 milligrams of methadone,
• More than 4,000 grams of ketamine, and
• More than 200 grams of gamma hydroxybutyric acid (GHB)
The penalties for a Class C felony include a fine of up to $15,000, up to 15 years in prison, or both. (N.Y. Pub. Health Law § 220.09.)
Class D felony: It is a felony to possess:
• More than one half ounce of a narcotic preparation,
• 50 to 250 milligrams of PCP,
• More than 500 milligrams of cocaine,
• 1,000 milligrams to 4,000 milligrams of ketamine, and
• 28 to 200 grams of GHB
The penalties for a Class D felony include a fine of up to $5,000, up to seven years in prison, or both. (N.Y. Pub. Health Law § 220.06.)
Class A misdemeanor: It is a misdemeanor to possess any controlled substance not specified above (excluding marijuana), or lesser amounts of a controlled substance than what is specified in the felony statues. The penalties if convicted of a Class A misdemeanor include a fine of up to $1,000, up to one year in jail, or both. (N.Y. Pub. Health Law § 220.03.)
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