new york penal code 220 18 criminal possession of a controlled s.
Learn about New York Penal Code 220.18, which covers criminal possession of controlled substances like cocaine and heroin. Discover what counts as possession, the weight thresholds for felony charges, possible penalties, and common legal defenses. Get essential info on how an experienced NY drug crimes lawyer can help reduce or fight these charges.
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:
- You knew you had the drug on you
- 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
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