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DRUG & MARIJUANA OFFENSES

NEW YORK PENAL LAW

VIOLATIONS:

NYPL § 221.05 - Unlawful Possession of Marijuana:

A person is guilty of unlawful possession of marijuana when he knowingly and unlawfully possesses marijuana.

 

CLASS B MISDEMEANORS:

NYPL § 221.10 - Criminal Possession of a Marijuana in the 5th Degree:

A person is guilty of criminal possession of marijuana in the 5th degree when he knowingly and unlawfully possesses:

1. Marijuana in a public place, as defined in NYPL § 240.00, and such marijuana is burning or open to public view;  or

2. One or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than 25 grams.

NYPL § 221.35 - Criminal Sale of a Marijuana in the 5th Degree:

A person is guilty of criminal sale of marijuana in the 5th degree when he knowingly and unlawfully sells, without consideration, one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of 2 grams or less;  or 1 cigarette containing marijuana. 

 

CLASS A MISDEMEANORS:

NYPL § 220.03 - Criminal Possession of a Controlled Substance in the 7th Degree:

A person is guilty of criminal possession of a controlled substance in the 7th degree when he or she knowingly and unlawfully possesses a controlled substance.

NYPL § 221.15 - Criminal Possession of Marijuana in the 4th Degree:

A person is guilty of criminal possession of marijuana in the 4th degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than 2 ounces.

NYPL § 221.40 - Criminal Sale of Marijuana in the 4th Degree:

A person is guilty of criminal sale of marijuana in the fourth degree when he knowingly and unlawfully sells marijuana except as provided in NYPL § 221.35, (Criminal Sale of Marijuana in the 5th Degree). 

 

CLASS E FELONIES:

NYPL § 221.20 - Criminal Possession of Marijuana in the 3rd Degree:

A person is guilty of criminal possession of marijuana in the 3rd degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than 8 ounces.

NYPL § 221.41 - Criminal Sale of Marijuana in the 3rd Degree:

A person is guilty of criminal sale of marijuana in the 3rd degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than 25 grams. 

 

CLASS D FELONIES:

NYPL § 221.06 - Criminal Possession of a Controlled Substance in the 5th Degree: *

A person is guilty of criminal possession of a controlled substance in the 5th degree when he knowingly and unlawfully possesses:

1. A controlled substance with intent to sell it;  or

2.    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 1/2 ounce or more;  or

3. Phencyclidine, (street name "PCP"), and said PCP weighs 50 milligrams or more;  or

4. One or more preparations, compounds, mixtures or substances containing concentrated cannabis as defined in NY Pub. Health Law § 3302(4)(a), and said preparations, compounds, mixtures or substances are of an aggregate weight of 1/4 ounce or more;  or

5. Cocaine and said cocaine weighs 500 milligrams or more.

6. Ketamine and said ketamine weighs more than 1,000 milligrams;  or

7. Ketamine (street name "Special K"), and has previously been convicted of possession or the attempt to commit possession of Special K in any amount;  or

8. One or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid (street name, "GHB," "Liquid Ecstasy"), as defined in NY Pub. Health Law § 3306(e)(4), classified as schedule I , and said preparations, compounds, mixtures or substances are of an aggregate weight of 38 grams or more.

NYPL § 220.31 - Criminal Sale of a Controlled Substance in the 5th Degree:

A person is guilty of criminal sale of a controlled substance in the 5th degree when he knowingly and unlawfully sells a controlled substance. 

NYPL § 221.25 - Criminal Possession of Marijuana in the 2nd Degree:

A person is guilty of criminal possession of marijuana in the 2nd degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than 16 ounces. 

NYPL § 221.50 - Criminal Sale of Marijuana in the 2nd Degree:

A person is guilty of criminal sale of marijuana in the 2nd degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than 4 ounces, or knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marijuana to a person less than 18 years of age.

 

CLASS C FELONIES:

NYPL § 222.06 - Criminal Possession of a Controlled Substance in the 4th Degree: *

A person is guilty of criminal possession of a controlled substance in the 4th 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 1/8 ounce or more;  or

2. One or more preparations, compounds, mixtures or substances containing methamphetamine (street name "meth"), its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances are of an aggregate weight of 1/2 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 2 ounces or more;  or

4. A stimulant and said stimulant weighs 1 gram or more;  or

5. Lysergic acid diethylamide (street name "LSD"), and said LSD weighs 1 milligram or more;  or

6. A hallucinogen and said hallucinogen weighs 25 milligrams or more;  or

7. A hallucinogenic substance and said hallucinogenic substance weighs 1 gram or more;  or

8. A dangerous depressant and such dangerous depressant weighs 10 ounces or more;  or

9. A depressant and such depressant weighs 2 pounds or more;  or

10. One or more preparations, compounds, mixtures or substances containing concentrated cannabis as defined in NY Pub. Health Law § 3302(a)(4), and said preparations, compounds, mixtures or substances are of an aggregate weight of 1 ounce or more;  or

11. Phencyclidine (street name "PCP"), and said PCP weighs 250 milligrams or more;  or

12. Methadone and said methadone weighs 360 milligrams or more;  or

13. PCP and said PCP weighs 50 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 (street name "Special K"), and said Special K weighs 4,000 milligrams or more;  or

15. One or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid, as defined in NY Pub. Health Law § 3306(e)(4), and said preparations, compounds, mixtures or substances are of an aggregate weight of 200 grams or more.

NYPL § 220.34 - Criminal Sale of a Controlled Substance in the 4th Degree: *

A person is guilty of criminal sale of a controlled substance in the 4th degree when he knowingly and unlawfully sells:

1. A narcotic preparation;  or

2. A dangerous depressant or a depressant and the dangerous depressant weighs 10 ounces or more, or the depressant weighs 2 pounds or more;  or

3. Concentrated cannabis as defined in NY Pub. Health Law § 3302(a)(4) paragraph (a);  or

4. Phencyclidine (street name "PCP"), and the PCP weighs 50 milligrams or more;  or

5. Methadone;  or

6. Any amount of PCP and has previously been convicted of an offense defined in this article or the attempt or conspiracy to commit any such offense;  or

6-a. Ketamine (street name "Special K"), and said Special K weighs 4,000 milligrams or more.

7. A controlled substance in violation of NYPL § 220.31, when such sale takes place upon school grounds or on a school bus;  or

8. A controlled substance in violation of NYPL § 220.31, when such sale takes place upon the grounds of a child day care or educational facility under circumstances evincing knowledge by the defendant that such sale is taking place upon such grounds.  ...

9. One or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid (street name "GHB"), as defined in NY Pub. Health Law § 3306(e)(4), and said preparations, compounds, mixtures or substances are of an aggregate weight of 28 grams or more.

NYPL § 221.30 - Criminal Possession of Marijuana in the 1st Degree: 

A person is guilty of criminal possession of marijuana in the 1st degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than 10 pounds. 

NYPL § 221.55- Criminal Sale of Marijuana in the 1st Degree: 

A person is guilty of criminal sale of marijuana in the 1st degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marijuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than 16 ounces.

 

CLASS B FELONIES:

NYPL § 220.16 - Criminal Possession of a Controlled Substance in the 3rd Degree: *

A person is guilty of criminal possession of a controlled substance in the 3rd degree when he knowingly and unlawfully possesses:

1. A narcotic drug with intent to sell it;  or

2. A stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide (street name "LSD"), with intent to sell it and has previously been convicted of an offense defined in NYPL § 220.00 or the attempt or conspiracy to commit any such offense;  or

3. A stimulant with intent to sell it and said stimulant weighs 1 gram or more;  or

4. Lysergic acid diethylamide (street name "LSD"), with intent to sell it and said LSD weighs 1 milligram or more;  or

5. A hallucinogen with intent to sell it and said hallucinogen weighs 25 milligrams or more;  or

6. A hallucinogenic substance with intent to sell it and said hallucinogenic substance weighs 1 gram or more;  or

7. One or more preparations, compounds, mixtures or substances containing methamphetamine (street name "meth"), its salts, isomers or salts of isomers with intent to sell it and said preparations, compounds, mixtures or substances are of an aggregate weight of 1/8 ounce or more;  or

8. A stimulant and said stimulant weighs 5 grams or more;  or

9. LSD and said LSD weighs 5 milligrams or more;  or

10. A hallucinogen and said hallucinogen weighs one hundred 25milligrams or more;  or

11. A hallucinogenic substance and said hallucinogenic substance weighs 5 grams or more;  or

12. 1 or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of 1/2 ounce or more;  or

13. Phencyclidine (street name "PCP"), and said PCP weighs 1,250 milligrams or more.

 

CLASS A-II FELONIES:

NYPL § 220.18 - Criminal Possession of a Controlled Substance in the 2nd Degree: *

A person is guilty of criminal possession of a controlled substance in the 2nd degree when he or she 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 4 ounces or more;  or

2. One or more preparations, compounds, mixtures or substances containing methamphetamine (street name "meth"), its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances are of an aggregate weight of 2 ounces or more;  or

3. A stimulant and said stimulant weighs 10 grams or more;  or

4. Lysergic acid diethylamide (street name "LSD"), and said LSD weighs 25 milligrams or more;  or

5. A hallucinogen and said hallucinogen weighs 625 milligrams or more;  or

6. A hallucinogenic substance and said hallucinogenic substance weighs 25 grams or more;  or

7. Methadone and said methadone weighs 2,880 milligrams or more.

 

CLASS A-I FELONIES:

NYPL § 220.21 - Criminal Possession of a Controlled Substance in the 1st Degree:

A person is guilty of criminal possession of a controlled substance in the 1st degree when he or she 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 8 ounces or more;  or

2. Methadone and said methadone weighs 5,760 milligrams or more.

 

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*Not verbatim. Click here for link to full text of current law.

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