Federal and state drug possession laws make it a crime to willfully possess illegal controlled substances such as marijuana, methamphetamine, cocaine, LSD, ecstasy and heroin.
The laws in New York criminalize the possession of “precursor” chemicals used in drug cultivation and manufacturing, as well as certain accessories related to drug use.
Drug possession laws in New York vary according to drug type, amount, and geographic area of the offense.
Possession of small quantities may be deemed “simple” possession in New York, while possession of large amounts may result in a charge of presumed “possession with intent to distribute.”
How your case is handled may make all the difference in world as to how your life progresses from this potentially traumatic event. Don’t let someone who will not keep you informed as to the status of your case keep you in the dark. The relationship you have with your attorney during this very difficult period can have a substantial impact on your mental health. You need and deserve a lawyer who is looking out for you.
You want a lawyer who will take the time to sit down with you and explain the process and why a particular strategy is being used. You want a lawyer who will listen to you and keep your best interests at heart.
Have you been charged with drug offense in New York?
Are you facing a drug charge in New York?
How can a SRIS Law Group lawyer help you?
First and foremost, we will discuss your case with you. We will explain to you the different options you have and the pros and cons of each option. We do not require clients to come in and sit down and talk with us. Certainly, our clients are welcome to come in and talk with us. However, we understand that clients are very busy and may not have the time to come to the office. Therefore, we allow clients to consult with us by phone first and let the clients decide whether they need to come in and meet with their attorney. To learn more about how a SRIS Law Group can help you, please call us at 888-437-7747 and speak with a lawyer the same day.
If you need help to defend yourself against a drug charge in New York, then contact the SRIS Law Group New York criminal defense lawyers for help.
Our New York drug defense attorneys will do their best to help you.
- NY CLS Penal § 220.18 Criminal possession of a controlled substance in the second degree
A person is guilty of criminal possession of a controlled substance in the second 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 [fig 1] four ounces or more; or
2. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances are of an aggregate weight of two ounces or more; or
3. a stimulant and said stimulant weighs ten grams or more; or
4. lysergic acid diethylamide and said lysergic acid diethylamide weighs twenty-five milligrams or more; or
5. a hallucinogen and said hallucinogen weighs six hundred twenty-five milligrams or more; or
6. a hallucinogenic substance and said hallucinogenic substance weighs twenty-five grams or more; or
7. methadone and said methadone weighs two thousand eight hundred eighty milligrams or more.
Criminal possession of a controlled substance in the second degree is a class A-II felony.
- NY CLS Penal § 220. Criminal sale of a controlled substance in the third degree
A person is guilty of criminal sale of a controlled substance in the third degree when he knowingly and unlawfully sells:
1. a narcotic drug; or
2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide and has previously been convicted of an offense defined in article two hundred twenty or the attempt or conspiracy to commit any such offense; or
3. a stimulant and the stimulant weighs one gram or more; or
4. lysergic acid diethylamide and the lysergic acid diethylamide weighs one milligram or more; or
5. a hallucinogen and the hallucinogen weighs twenty-five milligrams or more; or
6. a hallucinogenic substance and the hallucinogenic substance weighs one gram or more; or
7. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and the preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more; or
8. phencyclidine and the phencyclidine weighs two hundred fifty milligrams or more; or
9. a narcotic preparation to a person less than twenty-one years old.
Criminal sale of a controlled substance in the third degree is a class B felony.
The SRIS Law Group lawyers assist clients in the following counties in New York:
Kings County, Queens County, New York County, Suffolk County, Bronx County, Nassau County, Westchester County, Erie County, Monroe County, Richmond County, Onondaga County, Orange County, Albany County, Dutchess County, Rockland County, Oneida County, Niagara County, Saratoga County, Broome County, Ulster County, Rensselaer County, Schenectady County, Chautauqua County, Oswego County, Jefferson County, St. Lawrence County, Ontario County, Putnam County, Tompkins County, Steuben County, Wayne County, Chemung County, Clinton County, Cattaraugus County, Cayuga County, Sullivan County, Madison County, Warren County, Livingston County, Washington County, Herkimer County, Columbia County, Otsego County, Genesee County, Fulton County, Chenango County, Tioga County, Franklin County, Allegany County.