All states regulate and control the possession of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for possession. New York classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture them.
This article discusses the illegal possession of CDS only. Illegally making or selling CDS carries different penalties.
Also, while marijuana is considered a CDS, this article does not cover New York's marijuana possession and sale laws.
New York divides CDS into five "Schedules." Schedule I lists the most dangerous drugs, which have a high probability of abuse and addiction, and no recognized medical value. Schedules II, III, IV, and V decrease in dangerousness and probability of abuse, and increase in recognized medical uses.
If you've been arrested for illegal CDS possesion, you'll need to consult the New York Code that lists precisely which drugs fit into each group. Go to the statute (N.Y. Pub. Health Law § 3306 and following) and find the substance you're charged with selling -- it will be listed under one of the five schedules.
It is illegal in New York to possess CDS without a valid medical prescription. Penalties vary according to the type and amount of CDS involved in the violation, as described below.
Possessing eight or more ounces of CDS listed as narcotic drugs; or 5,760 milligrams or more of methadone, is a class A-I felony. Penalties include a fine of up to $100,000, at least 15 (and up to 25) years in prison, or both. (N.Y. Pub. Health Law § 220.21.)
It is a class A-II felony to possess the following specified amounts and types of CDS. Penalties include a fine of up to $50,000, at least three years (and up to eight years and four months) in prison, or both. (N.Y. Pub. Health Law § 220.18.)
It is a class B felony to possess the following specified amounts and types of CDS. Penalties include a fine of up to $30,000, up to 25 years in prison, or both. (N.Y. Pub. Health Law § 220.16 and following.)
It is a class C felony to possess the following specified amounts and types of CDS. Penalties include a fine of up to $15,000, up to 15 years in prison, or both. (N.Y. Pub. Health Law § 220.09.)
It is a class D felony to possess the following specified amounts and types of CDS. Penalties include a fine of up to $5,000, up to seven years in prison, or both. (N.Y. Pub. Health Law § 220.06 and following.)
It is a class A misdemeanor to possess any CDS not specified above (excluding marijuana), or amounts of CDS that are lower than the lowest amounts specified above. Penalties include a fine of up to $1,000, up to one year in jail, or both. (N.Y. Pub. Health Law § 220.03 and following.)
CDS possession convictions can incur harsh fines and long periods of incarceration. A local lawyer who practices CDS defense will review the facts of your case, explain your options, and advise you of the possible consequences.
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