§ 220.03 – Possession of a Controlled Substance
In the state of New York, one could be charged with a crime if any type of controlled substance has been discovered in their possession. This offense, known as "criminal possession of a controlled substance," can be charged in the first, second, third, fourth, fifth or seventh degree, depending on the amount and type of drug that was uncovered. If law enforcement has reason to believe that the individual intended to sell the drugs, they could be charged with "possession with intent to distribute" (PWID). Under the law, criminal possession of a controlled substance can be prosecuted as follows:
- Criminal Possession in the 7th Degree: Misdemeanor
- Criminal Possession in the 5th Degree: Class D felony
- Criminal Possession in the 4th Degree: Class C felony
- Criminal Possession in the 3rd Degree: Class B felony
- Criminal Possession in the 2nd Degree: Class A-II felony
- Criminal Possession in the 1st Degree: Class A-I felony
§ 220.31 – Criminal Sale of a Controlled Substance
In the state of New York, one could be charged with "criminal sale of a controlled substance" in the first, second, third, fourth or fifth degree—depending on the type and amount of drugs that were sold. If the alleged sale took place near or on school grounds, the offender could also face enhanced legal penalties, as this would be considered a separate crime of "criminal sale of a controlled substance in or near school grounds." Under the law, criminal sale of controlled substance can be prosecuted as follows:
- Criminal Sale in the 5th Degree: Class D felony
- Criminal Sale in the 4th Degree: Class C felony
- Criminal Sale in the 3rd Degree: Class B felony
- Criminal Sale in the 2nd Degree: Class A-II felony
- Criminal Sale in the 1st Degree: Class A-I felony
§ 220.73 – Unlawful Manufacture of Meth
In the state of New York, one could be charged with "unlawful manufacture of methamphetamine" if they possess at the same time and location, with intent to use, prepare or produce methamphetamine, laboratory equipment, precursors, chemical reagents or solvents. Depending on the type and amount of equipment that is discovered, one could face charges in the first, second or third degree. There is also a statute that makes it a crime to unlawfully dispose of methamphetamine laboratory material. Under the law, unlawful manufacture of methamphetamine can be prosecuted as follows:
- Unlawful Manufacture in the 3rd Degree: Class D felony
- Unlawful Manufacture in the 2nd Degree: Class C felony
- Unlawful Manufacture in the 1st Degree: Class B felony
- Unlawful Disposable of Meth Material: Class E felony
§ 220.77 – Operating as a Major Drug Trafficker
In the state of New York, one could be charged with "operating as a major trafficker" if they have acted as the director of a controlled substance organization for period of twelve months or less, during which the organization sold one or more controlled substances, resulting in at least $75,000 of revenue. The same would apply if they were considered to be a profiteer who knowing and unlawfully sold, or possessed with intent to sell, a narcotic drug with an aggregate value of $75,000 or more. Under New York Penal Code § 220.77, operating as a major drug trafficker can be prosecuted as follows:
- Operating as a Major Trafficker: Class A-I felony
Facing drug charges in NYC? Hochheiser & Hochheiser can help.
If you or someone you love has been charged with one of the aforementioned crimes, you should not hesitate to retain the help of a New York City drug crime lawyer from Law Offices of Daniel A. Hochheiser as soon as possible. We are available to take your call 24 hours a day, 7 days a week, so we encourage you to take advantage of a free initial consultation today by contacting our firm at (800) 813-9069.