While drug laws in New York State are no longer as draconian as they were under the notorious “Rockefeller” legislation, they can still pose a serious risk to your liberty and livelihood. The most serious felonies are still “bail-eligible,” meaning that judges can incarcerate you before trial on a bond, or even without any bail whatsoever. The New York Penal Law contains detailed provisions regarding narcotics felonies, primarily under NY Penal Law Article 220, which addresses controlled substances offenses. Here are some key concepts.
Criminal Possession/Sale of a Controlled Substance
These offenses are based generally on the aggregate weight of cocaine, heroin, oxycodone, or other “narcotics,” with certain substances – such as a methamphetamine or MDMA – treated with less severity. The higher the weight, the more serious the potential sentence. See our explanation of sentencing here. The “Sale” provisions often require less of the substance at issue, and equivalent “Possession” crimes usually require a heavier weight.
- Possession, Seventh Degree, (§220.03): Possession of any quantity of a controlled substance – whether it’s a narcotic drug or not – is an A misdemeanor.
- Sale, Fifth Degree, (§220.31): Selling any amount of a controlled substance, is a Class D felony.
- Possession, Fourth Degree (§220.09): Possession of specific quantities of narcotics or other controlled substances, such as one-eighth ounce or more of a narcotic drug like heroin or cocaine, is classified as a Class C felony.
- Sale, Fourth Degree (§220.34): Selling specific controlled substances or selling to individuals under certain circumstances (e.g., near schools). Classified as a Class C felony.
- Sale, Third Degree (§220.39): Selling narcotic drugs or larger quantities of other controlled substances. Class B Felony.
- Possession, Third Degree (§220.16): Perhaps the most frequently charged narcotics felony. This offense involves knowingly and unlawfully possessing controlled substances under specific circumstances. It can be prosecuted several ways:
- Intent to Sell: Possessing a narcotic drug or other controlled substances with the intent to sell them.
- Prior Convictions: Possessing certain controlled substances with intent to sell, coupled with a prior conviction under Article 220.
- Weight-Based Possession:
- Narcotic drugs weighing one-half ounce or more.
- Methamphetamine mixtures weighing one-eighth ounce or more.
- Stimulants, hallucinogens, or hallucinogenic substances exceeding specific weight thresholds (e.g., stimulants weighing five grams or more).
- Possession, Second Degree (§220.18): Possession of larger quantities, such as four ounces or more of a narcotic drug, is a Class A-II felony.
- Sale, Second Degree, (§220.41): Selling two ounces or more of a narcotic drug. Class A-II felony.
- Possession, First Degree (§220.21): Selling two ounces or more of a narcotic drug is a Class A-I felony.
- Sale, First Degree (§220.43): Selling two ounces or more of a narcotic drug or one ounce or more of methamphetamine. Classified as a Class A-I felony.
- Operating as a Major Trafficker (§220.77): This applies to individuals who act as leaders of drug trafficking organizations or profit significantly from the sale of large quantities of narcotics. It is a Class A-I felony.
Conspiracy
Any time the government prosecutes a group of people allegedly engaged in narcotics trafficking, there is a significant likelihood they will bring a Conspiracy charged, under Penal Law Article 105. See our breakdown of the law of Conspiracy, and why it frequently provides prosecutors with an advantage, here.