Drug Charges

POSSESSION:

New York classifies all controlled dangerous substance is (CDS) under five schedules. The schedules include well known drugs such as marijuana, heroin and cocaine but also include all compounds used to manufacture them. Scheduled I lists the most dangerous drugs which have a high probability of abuse and addiction schedule II, III, IV and V decrease in dangerousness and probability of abuse. 

Class A-I felony

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.)

Class A-II felony

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.)

• four or more ounces, but less than eight ounces, but less than eight ounces of CDS listed as narcotic drugs
• two or more ounces of methamphetamine
• ten grams or more of a CDS classified as a stimulant
• 25 milligrams or more of lysergic acid (LSD)
• 625 milligrams or more of a CDS classified as a hallucinogen
• 25 grams or more of a hallucinogenic substance
• 2,880 milligrams or more, but less than 5,760 milligrams of methadone 

Class B felony

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.)

• one half ounce or more, but less than four ounces of a narcotic drug
• five grams or more, but less than ten grams of a stimulant
• five milligrams or more, but less than 25 milligrams of LSD
• five grams or more, but less than 25 grams of a hallucinogenic substance
• 1,250 milligrams or more of phencyclidine (PCP)

Class C felony

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.)

• one eighth ounce or more but less than one half ounce of a narcotic CDS
• one half ounce or more, but less than two ounces of methamphetamine
• one gram or more, but less than five grams of a stimulant
• one milligram or more, but less than five milligrams of LSD
• 25 milligrams or more, but less than 625 milligrams of a hallucinogen
• one gram or more, but less than five grams of a hallucinogenic substance
• ten ounces or more of a CDS classified as a dangerous depressant
• two pounds or more of a depressant
• 250 milligrams or more, but less than 1,250 milligrams of PCP
• 360 milligrams or more, but less than 2,880 milligrams of methadone
• 4,000 grams or more of ketamine
• 200 grams or more of gamma hydroxybutyric acid (GHB)

Class D felony

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.)

• one half ounce or more of a narcotic preparation
• 50 milligrams or more, but less than 250 milligrams of PCP
• 500 milligrams or more of cocaine
• 1,000 milligrams or more, but less than 4,000 milligrams of ketamine
• 28 grams or more, but less than 200 grams of GHB

Class A misdemeanor

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.)

Drug related arrests can come along with hefty fines and long incarcerations. Contacting a lawyer can help you better understand what you are facing.

DISTRIBUTION/ TRAFFICKING:

Drug distribution or trafficking laws penalize the selling transportation and illegal import of unlawful controlled substances and other illegal drugs the punishment for drug trafficking can vary widely depending on several factors including the type and amount of drugs involved the type of drugs geographic area of distribution and whether children were targeted sentences for drug distribution and trafficking can generally range from three to life in prison. 
This type of crime is known as a felony and it is more serious than a drug possession. If you are found with drugs  and the police believe that you had the intent to sell, you will be charged with trafficking. If you were found with a large quantity of drugs and a large amount of money you can be subject to distribution charges. Both Federal and state laws apply to these crimes.