Fifth Degree Criminal Possession of a Controlled Substance

In their day, the Rockefellar Drug laws in New York State were some of the harshest criminal laws on the books in any state. While things certainly have gotten better, drug crimes are extremely serious whether you possess, intend to sell or actually sell a controlled substance or narcotic drug. While the list is long, possession of most of these drugs, barring certain weights, is a misdemeanor crime of Criminal Possession of a Controlled Substance in the Seventh Degree, a class “A” misdemeanor. However, when weight comes into play or intent to sell is an issue, your otherwise misdemeanor conduct is ratcheted up top a felony offense. One such crime that is commonly defended by New York criminal lawyers and prosecuted by Assistant District Attorneys throughout New York City and the suburban counties is Criminal Possession of a Controlled Substance in the Fifth Degree pursuant to New York Penal Law 220.06.

Fifth Degree Criminal Possession of a Controlled Substance is the first or lowest (if there is such a thing) of the felony drug possession crimes in New York. While “lowest” is a relative term when comparing this crime to the sale of kilos of cocaine, the ramifications to your career, livelihood and freedom are not just significant, but debilitating. Do not be mistaken into thinking your “minor” or “recreational” possession will go unnoticed by the courts. In fact, should you be convicted of NY PL 220.06 you can face as little as one year and as much as two and one half years in prison followed by one year of post release supervision.

To understand Criminal Possession of a Controlled Substance in the Fifth Degree more clearly, you are guilty of this crime if you knowingly and unlawfully possess the following:

(1) A controlled substance, such as opium, ketamine or Special K, oxycontin, mescaline or Mesc, or any substance listed in schedule I, II, III, IV or V of section thirty-three hundred six of the New York State Public Health Law other than marihuana, but including concentrated cannabis. You must possess these controlled substances with the intent to sell them.

It is critical to note that the police and prosecutors often will draw the conclusion of your intent to sell even if you were not seen making a sale. For example, prosecutors often pursue felony charges if you have, numerous baggies, a scale, or what they believe to be a significant amount of money. Even worse, admitting to or apologizing for this possession may give law enforcement the last nail the need to hammer into your proverbial coffin.

(2) One or more preparations, compounds, mixtures or substances containing a narcotic preparation and said preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or

more.

(3) Phencyclidine (PCP, Angel Dust, Supergrass, Boat, Tic Tac, Zoom, Shermans) weighing fifty milligrams or more.

(4) One or more preparations, compounds, mixtures or substances containing concentrated cannabis and said preparations, compounds, mixtures or substances are of an aggregate weight of one-fourth ounce or more; or

(5) Cocaine and said cocaine weighs five hundred milligrams or more. If the contraband is crack cocaine, it is not the total weight that is relevant, but the weight of the actual cocaine content as determined by a laboratory analysis.

(6) Ketamine (Special K) weighing more than one thousand milligrams.

(7) Ketamine and you have previously been convicted of possession or the

attempt to commit possession of ketamine in any amount.

(8) One or more preparations, compounds, mixtures or substances

containing gamma hydroxybutyric acid (GHB, Liquid Ecstasy, Liquid X, Goop, Georgia Home Boy, Easy Lay) and said preparations, compounds, mixtures or substances are of an aggregate weight of twenty-eight grams or more.

Narcotic, drug and controlled substance crimes are potentially devestating to those accused of them. Mere allegations and arrests are serious enough to derail futures, suspend employment or terminate certain licenses. You do not need a criminal attorney to tell you that state prison is the last place you want to be.

While each case is unique and requires an equally unique analysis, vet your NY PL 220.06 and Controlled Substance arrest or indictment with your own criminal lawyer. Was your search legal? Are there grounds to challenge the recovery of the drugs from your person? Were you read your “rights” and can your defense attorney suppress any damaging statements as fruit of an improper or illegal police procedure?

To learn more Fifth Degree Criminal Possession of a Controlled Substance and other New York drug crimes, review the information page and NewYorkCriminalLawyerBlog’s drug section where you will find legal analysis on statutes, judicial decisions and cases in the news. Do not ignore the risk of a Grand Jury indictment or incarceration. Contact the New York criminal lawyers and former Manhattan prosecutors at Saland Law so we can work along side you to identify and implement the defense we believe will best protect your future.

Call our New York drug crime lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today