Criminal Possession of a Controlled Substance in New York

Penal Law §§ 220.03 through 220.21 grade criminal possession of a controlled substance from a Class A misdemeanor (seventh-degree possession) up to a Class A-I felony (first-degree possession). Weight, drug identity, and intent to sell drive the grade. A possession charge that looks minor on the desk appearance ticket can carry years in state prison if the drug is heroin, fentanyl, or methamphetamine and the weight reaches the felony threshold.

Grades at a Glance

• PL § 220.03 (7th degree). A misdemeanor — any amount of a controlled substance.
• PL § 220.06 (5th degree). Class D felony — small weight thresholds, or any narcotic preparation.
• PL § 220.09 (4th degree). Class C felony — one-eighth ounce of a narcotic, half-gram of cocaine, etc.
• PL § 220.16 (3rd degree). Class B felony — half-ounce of a narcotic, or any weight with intent to sell.
• PL § 220.18 (2nd degree). Class A-II felony — four ounces of a narcotic.
• PL § 220.21 (1st degree). Class A-I felony — eight ounces of a narcotic.

Defenses

• Fourth Amendment suppression. The car stop, the bag search, the pat-down, the apartment search — any of them can be challenged.
• Knowing possession. The prosecution must prove that you knew the substance was there and knew (or are deemed to know) what it was.
• Constructive possession. Drugs found in a car or apartment shared with others require proof of dominion and control, not just presence.
• Lab challenges. Drug identity, weight, and purity must be proved by a properly authenticated lab report. Mistakes happen.
• Statutory weight. Whether the weight crosses a threshold may turn on packaging and moisture — details that defense investigation can change.

Diversion and Treatment

Eligible felony defendants can apply for judicial diversion under CPL Article 216. The Drug Treatment Court alternative trades a guilty plea for completion of a treatment program, with dismissal or reduction on completion. We evaluate every drug case for diversion eligibility from day one.

If you have been charged with criminal possession of a controlled substance, call us at 212-233-1233 or email email@goodwindefense.com.