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 Penal Law Article 221. See our Marihuana FAQ tab for more information on [...]

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 water, its irrelevant how much of each is included – whatever the “crack” [...]

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 access to the drugs. For example, if you are in a vehicle and [...]

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 or substance contains a controlled substance.

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. Sharing drugs with friends at a party is a drug sale. While this [...]

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 a list of the various drug possession crimes, their elements, and maximum punishments. [...]

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 the definition of a controlled substance, you may be charged with this offense. [...]

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 also be charged in the following circumstances without any intent to sell: ½ [...]

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 or more of a substance containing Methamphetamine 2 ounces or more of a [...]

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 containing Methamphetamine; A Stimulant (Adderall, Ritalin), Hallucinogen or Hallucinogenic Substance (Mushrooms, Peyote), or [...]