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Drug Charges – Controlled Substance
Drug offenses are one of the most common types of charges prosecuted in New York. Possession of even the smallest amount of a controlled substance, is at very least a misdemeanor offense. Today common drug offenses include possession of or sale of marijuana, possession or sale of cocaine, possession, manufacture, distribution or trafficking of methamphetamine, as well as the possession or sale of ecstasy, heroin, OxyContin, and prescription drugs.
For many years, New York State had among the strictest drug laws in the country. Over the last few years there has been an easing of what was known as the Rockefeller Laws. Today some of the most draconian sentences made mandatory under the Rockefeller laws, including minimum mandatory sentences of 25 years to life on certain convictions have been replaced with more lenient sentencing guidelines. In addition, recent changes in the law have provided the judges with more discretion when sentencing a defendant on a drug conviction as well as the option for a defendant to enter and complete drug treatment as way to avoid a lengthy prison sentence on certain occasions.
A conviction to a drug offense carries serious consequences. Even a conviction to a low level drug charge can have serious ramifications. Consequently, it’s important to attempt to have a drug charged dismissed or at least reduced as much as possible.
The most common controlled substance charge issued in New York is Criminal Possession of a Controlled Substance in the Seventh Degree ( Section 220.03). CPCS7 is an “A” misdemeanor. Below is the statute containing the elements of the offense of Criminal Possession of a Controlled substance in the Seventh Degree.
220.03 Criminal possession of a controlled substance in the seventh degree.
A person is guilty of criminal possession of a controlled substance in the seventh degree when he or she knowingly and unlawfully possesses a controlled substance; provided, however, that it shall not be a violation of this section when a person possesses a residual amount of a controlled substance and that residual amount is in or on a hypodermic syringe or hypodermic needle obtained and possessed pursuant to section thirty-three hundred eighty-one of the public health law, which includes the state's syringe exchange and pharmacy and medical provider-based expanded syringe access programs; nor shall it be a violation of this section when a person's unlawful possession of a controlled substance is discovered as a result of seeking immediate health care as defined in paragraph (b) of subdivision three of section 220.78 of the penal law, for either another person or him or herself because such person is experiencing a drug or alcohol overdose or other life threatening medical emergency as defined in paragraph (a) of subdivision three of section 220.78 of the penal law.
Below is a list of the New York State Controlled Substance Offenses
- Section 220.03 Criminal possession of a controlled substance in the seventh degree
- Section 220.06 Criminal possession of a controlled substance in the fifth degree
- Section 220.09 Criminal possession of a controlled substance in the fourth degree
- Section 220.16 Criminal possession of a controlled substance in the third degree
- Section 220.18 Criminal possession of a controlled substance in the second degree
- Section 220.21 Criminal possession of a controlled substance in the first degree
- Section 220.25 Criminal possession of a controlled substance; presumption
- Section 220.28 Use of a child to commit a controlled substance offense
- Section 220.31 Criminal sale of a controlled substance in the fifth degree
- Section 220.34 Criminal sale of a controlled substance in the fourth degree
- Section 220.39 Criminal sale of a controlled substance in the third degree
- Section 220.41 Criminal sale of a controlled substance in the second degree
- Section 220.43 Criminal sale of a controlled substance in the first degree
- Section 220.44 Criminal sale of a controlled substance in or near school grounds
- Section 220.45 Criminally possessing a hypodermic instrument
- Section 220.46 Criminal injection of a narcotic drug
- Section 220.48 Criminal sale of a controlled substance to a child
- Section 220.50 Criminally using drug paraphernalia in the second degree
- Section 220.55 Criminally using drug paraphernalia in the first degree
- Section 220.60 Criminal possession of precursors of controlled substances
- Section 220.65 Criminal sale of a prescription for a controlled substance
- Section 220.70 Criminal possession of methamphetamine manufacturing material in the second degree
- Section 220.71 Criminal possession of methamphetamine manufacturing material in the first degree
- Section 220.72 Criminal possession of precursors of methamphetamine
- Section 220.73 Unlawful manufacture of methamphetamine in the third degree
- Section 220.74 Unlawful manufacture of methamphetamine in the second degree
- Section 220.75 Unlawful manufacture of methamphetamine in the first degree
- Section 220.76 Unlawful disposal of methamphetamine laboratory material
- Section 220.77 Operating as a major trafficker
If you have been charge with a New York Drug offense, please call the Law office of Gary S. Miller at (631) 666-3300