New York Consolidated Laws, Penal Law - PEN § 220.09 Criminal possession of a controlled substance in the fourth degree
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A person is guilty of criminal possession of a controlled substance in the fourth degree when he knowingly and unlawfully possesses:
1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more; or
2. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or
3. one or more preparations, compounds, mixtures or substances containing a narcotic preparation and said preparations, compounds, mixtures or substances are of an aggregate weight of two ounces or more; or
4. a stimulant and said stimulant weighs one gram or more; or
5. lysergic acid diethylamide and said lysergic acid diethylamide weighs one milligram or more; or
6. a hallucinogen and said hallucinogen weighs twenty-five milligrams or more; or
7. a hallucinogenic substance and said hallucinogenic substance weighs one gram or more; or
8. a dangerous depressant and such dangerous depressant weighs ten ounces or more; or
9. a depressant and such depressant weighs two pounds or more; or
11. phencyclidine and said phencyclidine weighs two hundred fifty milligrams or more; or
12. methadone and said methadone weighs three hundred sixty milligrams or more; or
13. phencyclidine and said phencyclidine weighs fifty milligrams or more with intent to sell it and has previously been convicted of an offense defined in this article or the attempt or conspiracy to commit any such offense; or
14. ketamine and said ketamine weighs four thousand milligrams or more; or
15. one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid, as defined in paragraph four of subdivision (e) of schedule I of section thirty-three hundred six of the public health law, and said preparations, compounds, mixtures or substances are of an aggregate weight of two hundred grams or more.
Criminal possession of a controlled substance in the fourth degree is a class C felony.
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Helping You Combat Fourth- Fifth- And Seventh-Degree Controlled Substances Charges
New York City prosecutors take a hard line when they are pursuing drug cases that involve fourth- fifth- or seventh-degree criminal sale and possession. If you or a loved one has been charged with a controlled substance violation, you should not face this situation alone. It is crucial to have qualified representation in drug offense matters.
Contact our legal team at Konta Georges & Buza P.C. to speak with an award-winning criminal defense attorney at our firm. We offer free, no-obligation consultations to all potential clients because we want you to understand your options before you take legal action. Our partners are recognized throughout the country for their sharp legal counsel and aggressive representation.
What You Need To Know About These Charges
Both criminal sale and criminal possession of a controlled substance in the fourth degree are class C felonies. If a person has never been convicted of a crime in the past, the minimum period of incarceration for a class C drug felony is one year in prison. A person in this situation can qualify for probation if certain criteria are met. The maximum period is 5 1/2 years. If a person has previously been convicted of a felony within the past 10 years of the instant offense (excluding time spent in prison), then the minimum period of incarceration is 1 1/2 years and the maximum is eight years. If the person has previously been convicted of a “violent” felony within the past 10 years (excluding time spent in prison), then the minimum period of incarceration is 3 1/2 years and the maximum is nine years.
Criminal sale of a controlled substance in the fourth degree – P.L. 220.34.
For the government to sustain a conviction for this offense, it must prove the person sold a “narcotic preparation” (subsection one), sold a “dangerous depressant” weighing at least 10 ounces or a “depressant” weighing at least 2 pounds (subsection two), sold concentrated cannabis (hashish) (subsection three), at least 50 milligrams of phencyclidine (PCP) (subsection four), sold any quantity of methadone (subsection five), sold at least 4 grams of ketamine (subsection six-a), sold any controlled substance on or near school grounds (subsection seven), sold any controlled substance near an educational or day care facility (subsection eight), or sold at least 28 grams of gamma-hydroxybutyric acid (subsection nine)
Criminal possession of a controlled substance in the fourth degree – P.L. 220.09(1).
For the government to sustain a conviction for subsection one of this offense, it must prove the person possessed either at least 1/8 ounce of cocaine or heroin (subsection one), possessed at least 1/2 ounce of methamphetamine (subsection two), possessed at least 2 ounces of a “narcotic preparation,” (subsection three), possessed at least 1 gram of a “stimulant,” (subsection four), possessed at least 1 milligram of LSD (subsection five), possessed at least 25 milligrams of a hallucinogen (subsection six), possessed at least 1 gram of a “hallucinogenic substance,” (subsection seven), possessed at least 10 ounces of a “dangerous depressant,” (subsection eight), possessed at least 2 pounds of a “depressant” (subsection nine), possessed at least 1 ounce of hash (subsection 10), possessed at least 250 milligrams of PCP (subsection 11), possessed at least 360 milligrams of methadone (subsection 12), possessed at least 50 milligrams of PCP and the person has previously been convicted of a drug offense (subsection 13), possessed at least 4 grams of ketamine (subsection 14), or possessed at least 200 grams of gamma-hydroxybutyric acid.
Criminal Sale And Criminal Possession Of A Controlled Substance In The Fifth Degree
Both criminal sale and criminal possession of a controlled substance in the fifth degree are class D felonies. If a person has never been convicted of a crime in the past, the minimum period of incarceration for a class D drug felony is one year in prison. A person in this situation can qualify for probation if certain criteria are met. The maximum period is 2 1/2 years. If a person has previously been convicted of a felony within the past 10 years of the instant offense (excluding time spent in prison), then the minimum period of incarceration is 1 1/2 years and the maximum is four years. If the person has previously been convicted of a “violent” felony within the past 10 years (excluding time spent in prison), then the minimum period of incarceration is 2 1/2 years and the maximum is 4 1/2 years.
Criminal sale of a controlled substance in the fifth degree – P.L. 220.31.
For the government to sustain a conviction for this offense, it must prove the person sold any controlled substance.
Criminal possession of a controlled substance in the fifth degree – P.L. 220.06.
For the government to sustain a conviction for this offense, it must prove the person possessed a controlled substance with the intent to sell (subsection one), possessed at least 1/2 ounce of either cocaine or heroin (subsection two), possessed at least 50 milligrams of PCP (subsection three), possessed at least 1/4 ounce of hash (subsection four), possessed at least 500 milligrams of cocaine (subsection five), possessed at least 1 gram of ketamine (subsection six), any amount of ketamine after having been previously convicted of a drug-related offense in New York (subsection seven), possessed at least 28 grams of gamma-hydroxybutyric acid or (subsection eight).
Criminal possession of a controlled substance in the seventh degree is a class A misdemeanor which is punishable by up to one year in jail. It is a misdemeanor. There is no criminal sale or possession in the sixth degree in the penal code and there is no criminal sale in the seventh degree. Criminal sale of a controlled substance in the seventh degree is by far the most common drug charge. It is the charge that addresses simple possession.
Criminal sale of a controlled substance in the seventh degree – P.L. 220.03.
For the government to sustain a conviction for this offense, it must prove the person possessed any controlled substance.
Any charges listed above are serious and could lead to jail time, lost economic opportunities or deportation.
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Email or connect with us by phone when you call 212-710-5166. Time is not on your side if you or a loved one is accused of any sale or possession charges. Get sound legal advice today!