Possession of a Controlled Substance

In New York possession of a controlled substance is illegal. It is categorized into five schedules, each determined by the level of probability of abuse, addiction, and recognition for medical value. If a person is found guilty of possession of a controlled substance, then the offender is liable for heavy penalties. The penalties vary according to the type and amount of a controlled substance involved.

Determining Possession of Controlled Substance

Possession of controlled substances can be determined in two different ways:

  1. Actual Possession: When the offender has physical control over the substance either carrying it with him/her or has the ability to control it.
  2. Constructive Possession: The substance may not be found physically with the offender but on or around the offender’s property

Penalties for Possession of Controlled Substances

Possession of controlled substances can either be a misdemeanor or a felony. The penalties vary according to the type and amount of controlled substance:

  1. Class A-I felony: Possessing eight or more ounces of controlled substances listed as narcotic drugs; or 5,760 milligrams or more of methadone, is a class A-I felony. Penalties may include a fine of up to $100,000, at least 15 (and up to 25) years in prison or both.
  2. Class A-II felony: It is a class A-II felony to possess the following specified amounts and types of controlled substance. Penalties may include fines of up to $50,000, at least three years (and up to eight years and four months) in prison or both.
  • Four or more ounces, but less than eight ounces, of controlled substances listed as narcotic drugs.
  • Two or more ounces of methamphetamines.
  • Ten grams or more of a controlled substance classified as a stimulant.
  • 25 milligrams or more of lysergic acid (LSD).
  • 625 milligrams or more of a controlled substance classified as a hallucinogen.
  • 25 grams or more of a hallucinogenic substance.
  • 2,880 milligrams or more, but less than 5,760 milligrams of methadone.
  1. Class B felony: Class B felony involves the following specified amounts and types of controlled substances. Penalties include fines of up to $30,000, up to 25 years in prison or both.
  • One half ounce or more, but less than four ounces of a narcotic drug.
  • Five grams or more, but less than ten grams of a stimulant.
  • Five milligrams or more, but less than 25 milligrams of LSD.
  • Five grams or more, but less than 25 grams of a hallucinogenic substance.
  • 1,250 milligrams or more of phencyclidine (PCP).
  1. Class C felony: It is a Class C felony to possess the following specified amounts and types of CDS. Penalties include fines of up to $15,000, up to 15 years in prison, or both.
  • One eighth ounce or more but less than one half ounce of a narcotic controlled substance.
  • One half ounce or more, but less than two ounces of methamphetamines.
  • One gram or more, but less than five grams of a stimulant.
  • One milligram or more, but less than five milligrams of LSD.
  • 25 milligrams or more, but less than 625 milligrams of a hallucinogen.
  • One gram or more, but less than five grams of a hallucinogenic substance.
  • Ten ounces or more of a controlled substance classified as a dangerous depressant.
  • Two pounds or more of a depressant.
  • 250 milligrams or more, but less than 1,250 milligrams of PCP.
  • 360 milligrams or more, but less than 2,880 milligrams of methadone.
  • 4,000 grams or more of ketamine.
  • 200 grams or more of gamma hydroxybutyric acid (GHB).
  1. Class D felony: An offender charged under a Class D felony is liable for penalties of up to $5,000, up to seven years in prison or both for the following conditions:
  • One half ounce or more of a narcotic preparation.
  • 50 milligrams or more, but less than 250 milligrams of PCP.
  • 500 milligrams or more of cocaine.
  • 1,000 milligrams or more, but less than 4,000 milligrams of ketamine.
  • 28 grams or more, but less than 200 grams of GHB.
  1. Class A misdemeanor: Any controlled substance not included in the felony classes and lower than the lowest amounts specified is chargeable under a Class A misdemeanor. Penalties include a fine of up to $1,000, up to one year in jail or both.

Consult Our Reliable and Trustworthy Attorney in New York

When you or your loved one is charged with possession of a controlled substance, drug defense lawyers at the Law Office of Reuven J. Epstein can help. We will represent you in the best possible way. Call us today at 845-459-0002 / 800-579-1605. We serve in Spring Valley and throughout the whole Rockland County and Orange County area.