In New York, drug possession is one of the most common felonies. People of various ages and social standings frequently own illegal narcotics for their own personal usage. While some argue that possessing a modest amount of drugs for personal use should not be regarded a significant offense, under New York law it is. Even if you are convicted of certain misdemeanor drug possession offenses, you face the prospect of jail time and a criminal record.
If you have been charged with drug possession, you should take the case extremely seriously and call an expert New York drug possession attorney who will defend you forcefully. The attorneys at the Law Offices of Benjamin Greenwald have decades of experience defending individuals accused of drug crimes and other serious offenses.
Drug Possession Offenses
Under New York law, drug possession can refer to the possession of any number of banned substances called drugs. A controlled substance may include cocaine, crack cocaine, heroin, club drugs, OxyContin, and other illegally obtained prescription medications for the purposes of a drug possession accusation. Possession of drugs can also refer to the possession of marijuana.
Only one of the six penalties for possession of controlled substances is a misdemeanor: criminal possession of a controlled substance in the seventh degree. This charge may be brought against you if you possess any amount of a controlled substance. It is a misdemeanor of Class A. N.Y. Pen. Law Section 220.03. Depending on the drug in question, if you are in possession of more than a set minimum amount, you will be charged with a more severe felony criminal possession offense. In other situations, such as illegal possession of anabolic steroids, possession of any quantity will result in a misdemeanor prosecution.
The following are felonies for drug possession:
• Criminal possession of a controlled substance in the fifth degree includes the following: possessing a controlled substance with the intent to sell it; possessing at least 1/2 ounce of a narcotic preparation; possessing at least 50 milligrams of PCP; possessing at least 1/4 ounce of a concentrated preparation of cannabis; possessing at least 500 milligrams of cocaine; possessing at least 1,000 milligrams of ketamine; possessing any amount of ketamine if you have a It is a felony of Class D. N.Y. Pen. Law § 220.06
• Possession of at least 1/8 ounce of narcotic drug preparations, at least 1/2 ounce of methamphetamine preparations, at least 2 ounces of narcotic preparations, at least 1 gram of a stimulant, at least 1 milligram of a lysergic acid diethylamide, at least 25 milligrams of a hallucinogen, at least 1 gram of a hallucinogenic substance, at least 10 It is a felony of Class C. New York Penal Law 220.09
• Criminal possession of a controlled substance in the third degree is the charge if you possess a narcotic drug; or you possess a stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide drug with the intent to sell it and you have been previously convicted of a controlled substance offense; or you possess at least 1 gram of a stimulant, at least 1 milligram of a It is a felony of Class B. New York Penal Law 220.16
• Criminal possession of a controlled substance in the second degree requires possession of at least 4 ounces of narcotic drug preparations, 2 ounces of methamphetamine preparations, 10 grams of a stimulant, 25 milligrams of a lysergic acid diethylamide, 625 milligrams of a hallucinogen, 25 grams of a hallucinogenic substance, or 2,880 milli It is a felony of Class A-II. New York Penal Law 220.18 states that first-degree criminal possession of a controlled substance is the most severe drug possession offense. This charge applies if you are in possession of at least 8 ounces of narcotic drug preparations or at least 5,760 milligrams of methadone. It is a felony of Class A-I. N.Y. Pen. Law § 220.21
There are an additional six marijuana possession offenses. Marijuana possession is deemed less severe than possession of a controlled substance. Thus, there is one marijuana possession accusation that is a violation and two others that are misdemeanors.
• Possession of marijuana in violation of the law means knowingly and unlawfully possessing marijuana. This is an infraction. New York Penal Law 221.05
• Criminal possession of marijuana in the fifth degree entails knowingly and illegally possessing marijuana in a public place and burning it or displaying it in plain view. It also includes possessing at least one marijuana-containing concoction weighing a total of at least 25 grams. It is a Class B infraction. Under New York Penal Law 221.10, criminal possession of marijuana in the fourth degree is defined as the unlawful possession of at least one marijuana-containing preparation weighing a total of at least 2 ounces. It is a misdemeanor of Class A. In accordance with New York Penal Law 221.15, criminal possession of marijuana in the third degree is defined as the unlawful possession of at least one marijuana-containing preparation weighing at least 8 ounces. It is a felony of Class E. Under New York Penal Law 221.20, criminal possession of marijuana in the second degree is defined as the unlawful possession of at least one marijuana-containing preparation weighing a total of at least 16 ounces. It is a felony of Class D. According to New York Penal Law 221.25, the crime of criminal possession of marijuana in the first degree requires the possession of at least one marijuana-containing preparation weighing a total of at least 10 pounds. It is a felony of Class C. N.Y. Pen. Law § 221.30
At the Law Office of Benjamin Greenwald, we understand that being charged with a crime can be a daunting experience. If you’ve been accused of possession of drugs, you may be feeling confused and uncertain about your future. Drug possession convictions can carry harsh penalties, including jail time, probation, and fines. The good news is that you don’t have to face these charges alone. Our experienced team of criminal defense lawyers will fight tirelessly to protect your rights and ensure that you receive a fair trial. We have a proven track record of success in Orange County, and we are ready to put our skills to work for you. Contact us today to schedule a free consultation.
