New York Penal Law defines almost all drug offenses in Article 220. The only drug that is not found in article 220 of the Penal Law is marihuana, which is found in [...]
For some drugs, the government only has to prove the weight of the substance no matter how much actual “drug” it includes. In other words, if “crack” is cocaine, baking soda, and [...]
Yes. “Possess” or “Possession” can be actual or constructive. Actual means it is in your hand, a pocket, or any belonging you have with you. Constructive means more than one person has [...]
No. You can only be convicted of a drug offense if you possessed the drugs, and if you knew what the drugs were. “Knowingly” means that you are aware that the item [...]
Yes. “Sell” means to sell, exchange, give, or dispose of to another. In other words, “giving” a controlled substance to a friend, for no money, is a drug sale in New York. [...]
Yes. Possession charges are broken down into 7 degrees, though notably there is currently no crime defined as Criminal Possession of a Controlled Substance in the Sixth Degree (CPCS 6). Below is [...]
What are the penalties for criminal possession of a controlled substance in the seventh degree (cpcs 7th) under penal law section 220.03?
This is the lowest drug possession charge. You can be charged with this anytime you knowingly and unlawfully possess a controlled substance. Weights and types are irrelevant here. If the drug fits [...]
What are the penalties for criminal possession of a controlled substance in the fifth degree (CPCS 5th) under penal law section 220.06?
CPCS 5th is most commonly charged when a person knowingly and unlawfully possesses any controlled substance with the intent to sell it. Remember that “sell” has a very broad definition. It can [...]
What are the penalties for criminal possession of a controlled substance in the fourth degree (CPCS 4th) under penal law section 220.09?
CPCS 4th has many different subdivisions, but likely will be charged in one of the following circumstances: 1/8 ounce or more of a substance containing a Narcotic Drug (Heroin, Cocaine) ½ ounce [...]
What are the penalties for criminal possession of a controlled substance in the third degree (CPCS 3rd) under penal law section 220.16?
CPCS 3rd involves knowingly and unlawfully possessing any of the following with the intent to sell them: Any amount of any Narcotic Drug (Cocaine, Heroin); 1/8 ounce or more of any substance [...]