Drug Possession / Sale

Under New York law, many offenses related to illegal drugs and controlled substances are governed by Article 220 of the Penal Law.

Offenses include:

Criminal Possession of a Controlled Substance (simple possession, possession with intent to sell, or possession based on amount).
Criminal Sale (or Intent to Sell / Distribution) of a Controlled Substance—any unauthorized sale or distribution is a felony under New York law.

Whether possession or sale, charges depend on factors such as the type of drug, the quantity/weight, and whether there is evidence of intent to sell or distribute.

Degrees of Possession — From Misdemeanor to Felony

New York law categorizes possession offenses by degree, with penalties increasing based on substance type and amount:

Seventh Degree (PL § 220.03) — The least serious possession offense; typically a Class A misdemeanor for knowingly possessing a controlled substance without authorization (when amounts/conditions don’t trigger felonies). This can even include prescribed drugs if they are possessed outside of their original container or shared with others.
Fifth Degree (PL § 220.06) — A Class D felony, often charged for possession with intent to sell or possession of higher amounts/more serious substances.
Fourth Degree (PL § 220.09) — A Class C felony. This applies when amounts or the nature of the controlled substance surpass thresholds for misdemeanor or lower felonies.
Third Degree (PL § 220.16, among others) — A Class B felony, typically involving possession of narcotics or other serious controlled substances when the prosecution alleges possession with intent to sell (packaging or volume) or meets weight thresholds.

Penalties may include years in state prison, significant fines, and a permanent criminal record. There are alternatives to incarceration available, including Judicial Diversion, depending on many factors.

Criminal Sale or Distribution — Serious Felony Charges

Any unauthorized sale, distribution, or offer to sell controlled substances triggers charges under the “Criminal Sale of a Controlled Substance” provisions.

Degrees of sale offenses depend on the drug type, amount, and circumstances (e.g., sale near schools or involving minors).

Convictions for sale charges carry harsh penalties, often substantial prison time, large fines, and long-lasting collateral consequences.

Why Even “Small” Possession Cases Can Have Huge Consequences

What may seem like a small amount of drugs—including prescription medications—can trigger felony possession if thresholds are met or intent to distribute is alleged.
Once charged, a criminal record may affect employment, housing, educational opportunities, immigration status, licensing, and more.
Prosecutors and courts treat controlled substance offenses seriously; the difference between indictment level (misdemeanor vs. felony) often hinges on subtle legal issues like intent, possession type (actual vs. constructive), amounts, or drug classification.

Why Representation Matters

Drug charges in New York carry serious consequences, but the outcome often depends on early, strategic intervention. Our firm provides aggressive, informed, and proactive defense for clients facing any level of drug charge—from simple possession to major trafficking allegations. We work to protect your rights, challenge the prosecution’s evidence, and fight for the best possible result. Our experience successfully defending drug charges in New York goes back thirty years.

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Drug Possession / Sale

Practice Areas

Degrees of Possession — From Misdemeanor to Felony

Criminal Sale or Distribution — Serious Felony Charges

Why Even “Small” Possession Cases Can Have Huge Consequences

Why Representation Matters

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