Jul 31

New York State Drug Possession Laws

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Possession of controlled dangerous substances (CDS) is regulated in every state, though the definition and the penalties for possession are vary depending on the state you’re in. New York State not only classifies well-known drugs like marijuana, heroin and cocaine as CDS, but the compounds used to manufacture them as well.

Controlled Dangerous Substance is divided into five schedules in New York. Schedule I lists the most dangerous drugs, which have a high probability of abuse and addiction and no recognized medical value. Schedules II, III, IV, and V list those drugs which decrease in level of danger and probability of abuse, and increase in recognized medical uses.

Penalties for Possession of CDS in New York

In New York, it is illegal to possess CDS without a valid medical prescription. Penalties may vary according to the type and amount of CDS involved in the violation, as described below.

Class A-I felony

  • Possession of eight or more ounces of CDS listed as narcotic drugs; or 5,760 milligrams or more of methadone, is considered a class A-I felony.
  • Penalties include a fine of up to $100,000 and at least 15 (up to 25) years in prison or both.

Class A-II felony

If you possess the following specified amounts and types of CDS, it is classified a class A-II felony. Penalties include a fine 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 CDS listed as narcotic drugs
  • two or more ounces of methamphetamine
  • ten grams or more of a CDS classified as a stimulant
  • 25 milligrams or more of lysergic acid (LSD)
  • 625 milligrams or more of a CDS 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

Class B felony

If you possess the following specified amounts and types of CDS, it is considered a Class B felony. Penalties include a fine of up to $30,000, prison term of up to 25 years, 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)

Class C felony

It is a class C felony to possess the following specified amounts and types of CDS. Penalties include a fine of up to $15,000, prison term of up to 15 years, or both.

  • one eighth ounce or more but less than one half ounce of a narcotic CDS
  • one half ounce or more, but less than two ounces of methamphetamine
  • 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 CDS 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)

Class D felony

It is a class D felony to possess the following specified amounts and types of CDS. Penalties include a fine of up to $5,000, prison term of up to 7 years, or both.

  • 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

Class A misdemeanor

It is a class A misdemeanor to possess any CDS not specified above (excluding marijuana), or amounts of CDS that are lower than the lowest amounts specified above. Penalties include a fine of up to $1,000, jail term of up to one year, or both.

Contact Drug Crime Attorney, Spring Valley at 845-459-0002 and 800-579-1605

Have you been charged with a drug crime in Spring Valley, NY? Call Reuven J. Epstein, drug crime attorney in Spring Valley to represent your case. You can call us at 845-459-0002 or 800-579-1605 or email us at info@reuvenjepsteinlaw.com / reuven@reuvenjepsteinlaw.com.

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