Criminal Possession of a Controlled Substance
Every state in America regulates the use and possession of controlled substances; however, not all states define a controlled substance and the penalties for possession the same way. In New York, controlled substance laws classify well-known drugs and the compounds used to make them.
Controlled Substance Schedule in New York
New York divides controlled substances into five schedules. The most dangerous substances are the drugs that are most likely to be abused and cause addiction for users. These are considered Schedule I drugs. To be considered a Schedule I drug, the substance must have no recognized medical value. As the schedules decrease, so do the probability of abuse and danger of the drug. Additionally, the higher a drug is on the schedule, the more medical uses it is recognized for treating.
Possession of a Controlled Substance
If you have been charged with possession of a controlled substance in New York, the penalties associated with the crime will depend on the schedule in which the drug lies. It’s important to note that it is unlawful to possess any controlled substance in the state without a valid prescription from a licensed physician. Penalties for this crime range from misdemeanor charges to Class A-1 felonies.
Classification of Controlled Substance Possession:
Class A-I Felony
A class A-I felony controlled substance possession is a serious narcotic charge in New York. To be charged with this crime, you must have been arrested with eight or more ounces of a controlled substance. You can also be charged with this felony if you possess more than 5,760 milligrams of methadone. Penalties for this crime can result in 15 to 25 years in prison and a fine of up to $100,000.
Class A-II Felony
In New York, an A-II felony can be charged if a person is found with a specific type and amount of controlled substance. The penalty for this crime includes a fine of up to $50,000 and 3 to 8 1/2 years in prison.
Class B Felony NY
A class B felony also depends on the amount and types of a controlled substance a person is found to possess. If convicted of this crime, you can be fined up to $30,000 and receive 25 years in prison.
Class C Felony NY
Class C felony charges depend on the type and amount of drugs a person is found with. The penalties for this felony include a fine of up to $15,000 and 15 years in prison.
Class D Felony NY
A Class D felony includes charges related to narcotic preparations, PCP, cocaine, ketamine, and GHB. Penalties for this felony charge include monetary fines of up to $5,000 and seven years in prison.
Class A Misdemeanor Criminal Possession of a Controlled Substance
The least severe drug charge in New York for a scheduled controlled substance is a class A misdemeanor. A person can be charged with this crime, if the amount of controlled substance they were found with is less than specified amounts for other charges or the substance possessed is not covered in the schedules for other drugs. The penalty for a Class A misdemeanor controlled substance charge is a fine of $1,000 and up to 1 year in prison.
Charged with Possession of Controlled Substance
If you’ve been charged with possession of a controlled substance in New York, it is important for you to talk to an attorney right away. Possession of drugs in New York can result in fines and periods of incarceration. Stephan Jacob Siegel, Esq. is a criminal defense attorney who has tried over 1200 cases in a period of 30 years. Contact his law office today to start building a solid defense for your case.