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Drug Possession In New York

Drug Possession In New YorkAlthough the sale, manufacture, and trafficking of drugs carry the heaviest penalties, mere possession of controlled substances in the state of New York can still carry life-altering penalties. If you have been charged with possession of a controlled substance, don’t take any chances; contact a criminal defense attorney with experience in drug crimes immediately.

Marijuana Possession

New York state law makes a distinction between the possession of marijuana and other controlled substances, the former carrying much more lenient penalties than the latter.

  • Unlawful Possession is considered a violation punishable by a $100 fine.
  • Fifth Degree Possession is the burning of marijuana in a public place or possession of more than 25 grams of marijuana and is a class B misdemeanor punishable by up to $500 in fines and up to 3 months in prison.
  • Fourth Degree Possession is the possession of more than 2 ounces of marijuana and is a class A misdemeanor punishable by up to $1,000 in fines and up to 1 year in prison.
  • Third Degree Possession is the possession of more than 8 ounces of marijuana and is a class E felony punishable by up to $5,000 in fines and up to 4 years in prison.

Maximum penalties for marijuana possession can carry prison time up to 15 years.

Controlled Substance Possession

Possession of other controlled substances such as heroin, LSD, MDMA (ecstasy), and cocaine carry much heavier penalties. Seventh Degree Possession is the possession of any amount of controlled substances and is a class A misdemeanor punishable by up to $1,000 in fines and up to 1 year in prison.

From there, New York state law defines increasing degrees of possession based on the possession of certain amounts of each type of drug. Fifth Degree Possession is a class D felony punishable by up to 2.5 years in prison. First Degree Possession is a class A-1 felony and is punishable by up to 20 years in prison.

Even the mere possession of controlled substances can lead to hefty prison sentences. If you have been arrested to possession of a controlled substance, contact an experienced criminal defense lawyer immediately to assess your situation.