Sentencing Guidelines in New York for Drug Possession and Sale Crimes

Being convicted of a drug offense in New York State, whether for criminal possession of a controlled substance or for the criminal sale of a controlled substance can carry with it a significant sentence. Within those two umbrellas, however, are many different degrees of each crime depending on the type of drug and the amount or weight in which someone was accused of possessing or selling.

New York Drug Laws Sentencing Chart

Drug Possession Crimes in New York: Criminal Possession of a Controlled Substance

Crime	Degree	Conduct	Potential Sentencing / Penalty
New York Penal Code §§ 220.03 Criminal possession of a controlled substance	7th Degree	Possessing a controlled substance	Class A misdemeanor Up to 1 year in prison Up to $1,000 fine
New York Penal Code §§ 220.06 Criminal possession of a controlled substance	5th Degree	Possessing: A controlled substance with intent to sell At least ½ oz narcotics preparations At least 50 mg phencyclidine (PCP) At least ¼ oz concentrated cannabis preparation At least 500 mg cocaine At least 1,000 mg ketamine Ketamine with prior conviction of Ketamine possession At least 28 g of gamma hydroxybutyric acid (GHB)	Class D felony 1 to 2.5 years in prison Alternate penalty of up to one year Up to $5,000 fine
New York Penal Code §§ 220.09 Criminal possession of a controlled substance	4th Degree	Possessing at least: ⅛ oz preparations containing a narcotic drug ½ oz preparations containing methamphetamine or its precursors 2 oz preparations containing narcotics preparations 1 g stimulants 1 mg lysergic acid diethylamide (LSD) 25 mg hallucinogen 1 g hallucinogenic substance 10 oz dangerous depressant 2 lbs depressants 1 oz concentrated cannabis preparation 250 mg PCP 360 mg methadone 50 mg PCP with intent to sell and prior drug conviction 4,000 mg ketamine 200 g GHB	Class C felony 1 to 5.5 years in prison Alternate penalty of up to one year Up to $15,000 fine
New York Penal Code §§ 220.16 Criminal possession of a controlled substance	3rd Degree	Possessing: a narcotic with intent to sell a stimulant, hallucinogen, hallucinogenic substance, or LSD with intent to sell and a prior drug conviction at least 1 g stimulant with intent to sell at least 1 mg LSD with intent to sell at least 25 mg hallucinogen with intent to sell at least 1 g hallucinogenic substance with intent to sell at least ⅛ oz preparations containing methamphetamine or its precursors with intent to sell at least 5 g stimulants at least 5 mg LSD at least 125 mg hallucinogens at least 5 g hallucinogenic substance at least ½ oz preparations containing a narcotic drug at least 1,250 mg PCP	Class B felony 1 to 9 years in prison Alternate penalty of up to one year Up to $30,000
New York Penal Code §§ 220.18 Criminal possession of a controlled substance	2nd Degree	Possessing at least: 4 oz preparations containing a narcotic drug 2 oz preparations containing methamphetamine or its precursors 10 g stimulants 25 mg LSD 625 mg of a hallucinogen 25 g hallucinogenic substance 2,880 mg methadone	Class A-II felony 3 to 10 years in prison Up to $50,000
New York Penal Code §§ 220.21 Criminal possession of a controlled substance	1st Degree	Possessing at least: 8 oz preparations containing a narcotic drug 5,760 oz of methadone	Class A-I felony 8 to 20 years in prison Up to $100,000
New York Penal Code § 220.60 Possessing precursors of controlled substances	–	Possessing certain precursors of controlled substances with intent to make a controlled substance	Class E felony 1 to 1.5 years in prison Alternate penalty of up to one year Up to $5,000
New York Penal Code §§ 220.70 Possessing methamphetamine manufacturing material	2nd Degree	Possessing a precursor, solvent, or chemical reagent with intent to use it or knowing another intends to use it to produce methamphetamine.	Class A misdemeanor Up to 1 year in prison Up to $1,000
New York Penal Code §§ 220.71 Possessing methamphetamine manufacturing material	1st Degree	Subsequent conviction of the 2nd degree crime within 5 years of a previous conviction of the crime.	Class E felony 1 to 1.5 years in prison Alternate penalty of up to one year Up to $5,000
New York Penal Code §§ 220.72 Possessing methamphetamine precursors	–	With intent to use or knowing that another intends to use it to manufacture methamphetamine, possessing a: precursor solvent or chemical reagent	Class E felony 1 to 1.5 years in prison Alternate penalty of up to one year Up to $5,000
New York Penal Code §§ 221.05 Possessing marijuana	–	Presumably, this punishes conduct not covered by the criminal penalties described below	Up to $100 If prior drug conviction in prior 3 years: up to $200 If two prior drug convictions in prior 3 years: up to 15 days in prison, up to $250 fine, or both
New York Penal Code §§ 221.10 Possessing marijuana	5th Degree	Possessing marijuana In a public place, and the marijuana is burning or open to public view Preparations weighing more than 25g	Class B misdemeanor Up to 3 months in prison Up to $500
New York Penal Code §§ 221.15 Possessing marijuana	4th Degree	Possessing more than 2 oz of marijuana preparations	Class A misdemeanor Up to 1 year in prison Up to $1,000
New York Penal Code §§ 221.20 Possessing marijuana	3rd Degree	Possessing more than 8 oz of marijuana preparations	Class E felony 1 to 1.5 years in prison Alternate penalty of up to one year Up to $5,000
New York Penal Code §§ 221.25 Possessing marijuana	2nd Degree	Possessing more than 16 oz of marijuana preparations	Class D felony 1 to 2.5 years in prison Alternate penalty of up to one year Up to $5,000
New York Penal Code §§ 221.30 Possessing marijuana	1st Degree	Possessing more than 10 lbs of marijuana preparations	Class C felony 1 to 5.5 years in prison Alternate penalty of up to one year Up to $15,000

Drug Sale Crimes in New York: Criminal Sale of a Controlled Substance

Crime	Degree	Conduct	Potential Sentencing / Penalty
New York Penal Code §§ 220.31 Selling controlled substances	5th Degree	Selling a controlled substance.	Class D felony 1 to 2.5 years in prison Alternate penalty of up to one year Up to $5,000
New York Penal Code §§ 220.34 Selling controlled substances	4th Degree	Selling: a narcotic preparation at least 10 oz dangerous depressant or 2 lbs depressants concentrated cannabis at least 50 mg PCP methadone PCP with prior drug conviction at least 4,000 mg ketamine a controlled substance near schools or child care facilities at least 28 g GHB preparation	Class C felony 1 to 5.5 years in prison Alternate penalty of up to one year Up to $15,000
New York Penal Code §§ 220.39 Selling controlled substances	3rd Degree	Selling: a narcotic drug a stimulant or hallucinogen with a prior conviction at least 1 g stimulant at least 25 mg hallucinogen at least 1 g hallucinogenic substance ⅛ oz methamphetamine preparations at least 250 mg PCP a narcotic preparation to someone under 21	Class B felony 1 to 9 years in prison Alternate penalty of up to one year Up to $30,000
New York Penal Code §§ 220.41 Selling controlled substances	2nd Degree	Selling at least: ½ oz preparation containing a narcotic drug ½ oz methamphetamine preparations 5 g stimulants 5 mg LSD 25 mg hallucinogen 5 g hallucinogenic substance 360 mg methadone	Class A-II felony 3 to 10 years in prison Up to $50,000
New York Penal Code §§ 220.43 Selling controlled substances	1st Degree	Selling at least: 2 oz preparation containing a narcotic drug 2,880 mg methadone	Class A-I felony 8 to 20 years in prison Up to $100,000
New York Penal Code §§ 220.44 Selling near schools	–	Selling near schools or child care facilities: a narcotic preparation dangerous depressants concentrated cannabis PCP, methadone, or a narcotic drug controlled substances near schools or buses	Class B felony 2 to 9 years in prison Alternate penalty of up to one year Up to $30,000
New York Penal Code §§ 220.48 Selling controlled substances to minors	–	Committing 4th or 3rd degree criminal sale of a controlled substance where: Seller is over 21 Buyer is under 17	Class B felony 2 to 9 years in prison Up to $30,000 fine
New York Penal Code §§ 221.35 Selling marijuana	5th Degree	Selling 2 g or less of marijuana preparations or one marijuana cigarette.	Class B misdemeanor Up to 3 months in prison Up to $500
New York Penal Code §§ 221.40 Selling marijuana	4th Degree	Selling marijuana other than amounts specified under 5th degree.	Class A misdemeanor Up to 1 year in prison Up to $1,000
New York Penal Code §§ 221.45 Selling marijuana	3rd Degree	Selling more than 25 g marijuana preparations.	Class E felony 1 to 1.5 years in prison Alternate penalty of up to one year Up to $5,000
New York Penal Code §§ 221.50 Selling marijuana	2nd Degree	Selling more than 4 oz marijuana preparations or selling marijuana to someone under 18.	Class D felony 1 to 2.5 years in prison Alternate penalty of up to one year Up to $5,000
New York Penal Code §§ 221.55 Selling marijuana	1st Degree	Selling more than 16 oz marijuana preparations	Class C felony 1 to 5.5 years in prison Alternate penalty of up to one year Up to $15,000
New York Penal Code §§ 220.31 Selling controlled substances	5th Degree	Selling a controlled substance.	Class D felony 1 to 2.5 years in prison Alternate penalty of up to one year Up to $5,000
New York Penal Code §§ 220.34 Selling controlled substances	4th Degree	Selling: a narcotic preparation at least 10 oz dangerous depressant or 2 lbs depressants concentrated cannabis at least 50 mg PCP methadone PCP with prior drug conviction at least 4,000 mg ketamine a controlled substance near schools or child care facilities at least 28 g GHB preparation	Class C felony 1 to 5.5 years in prison Alternate penalty of up to one year Up to $15,000
New York Penal Code §§ 220.39 Selling controlled substances	3rd Degree	Selling: a narcotic drug a stimulant or hallucinogen with a prior conviction at least 1 g stimulant at least 25 mg hallucinogen at least 1 g hallucinogenic substance ⅛ oz methamphetamine preparations at least 250 mg PCP a narcotic preparation to someone under 21	Class B felony 1 to 9 years in prison Alternate penalty of up to one year Up to $30,000
New York Penal Code §§ 220.41 Selling controlled substances	2nd Degree	Selling at least: ½ oz preparation containing a narcotic drug ½ oz methamphetamine preparations 5 g stimulants 5 mg LSD 25 mg hallucinogen 5 g hallucinogenic substance 360 mg methadone	Class A-II felony 3 to 10 years in prison Up to $50,000
New York Penal Code §§ 220.43 Selling controlled substances	1st Degree	Selling at least: 2 oz preparation containing a narcotic drug 2,880 mg methadone	Class A-I felony 8 to 20 years in prison Up to $100,000
New York Penal Code §§ 220.44 Selling near schools	–	Selling near schools or child care facilities: a narcotic preparation dangerous depressants concentrated cannabis PCP, methadone, or a narcotic drug controlled substances near schools or buses	Class B felony 2 to 9 years in prison Alternate penalty of up to one year Up to $30,000
New York Penal Code §§ 220.48 Selling controlled substances to minors	–	Committing 4th or 3rd degree criminal sale of a controlled substance where: Seller is over 21 Buyer is under 17	Class B felony 2 to 9 years in prison Up to $30,000 fine
New York Penal Code §§ 221.35 Selling marijuana	5th Degree	Selling 2 g or less of marijuana preparations or one marijuana cigarette.	Class B misdemeanor Up to 3 months in prison Up to $500
New York Penal Code §§ 221.40 Selling marijuana	4th Degree	Selling marijuana other than amounts specified under 5th degree.	Class A misdemeanor Up to 1 year in prison Up to $1,000
New York Penal Code §§ 221.45 Selling marijuana	3rd Degree	Selling more than 25 g marijuana preparations.	Class E felony 1 to 1.5 years in prison Alternate penalty of up to one year Up to $5,000
New York Penal Code §§ 221.50 Selling marijuana	2nd Degree	Selling more than 4 oz marijuana preparations or selling marijuana to someone under 18.	Class D felony 1 to 2.5 years in prison Alternate penalty of up to one year Up to $5,000
New York Penal Code §§ 221.55 Selling marijuana	1st Degree	Selling more than 16 oz marijuana preparations	Class C felony 1 to 5.5 years in prison Alternate penalty of up to one year Up to $15,000

Other Drug Crimes in New York

Crime	Degree	Conduct	Potential Sentencing / Penalty
New York Penal Code §§ 220.28 Using a child to commit controlled substance crimes	–	Person at least age 18 committing a felony controlled substance sale or attempted sale crime knowingly using a child under age 16 to make the sale or attempt.	Class E felony 1 to 1.5 years in prison Alternate penalty of up to one year Up to $5,000
New York Penal Code §§ 220.73 Manufacturing methamphetamine	3rd Degree	Possessing certain combinations of laboratory equipment and methamphetamine precursors, chemical reagents, or solvents in the same location with intent to use or knowing another intends to use them to manufacture methamphetamine.	Class D felony 1 to 2.5 years in prison Alternate penalty of up to one year Up to $5,000
New York Penal Code §§ 220.74 Manufacturing methamphetamine	2nd Degree	Committing 3rd degree manufacturing methamphetamine: in the presence of someone under age 16 while the offender is at least 5 years older or with a prior conviction in the past 5 years of certain methamphetamine crimes	Class C felony 1 to 5.5 years in prison Alternate penalty of up to one year Up to $15,000
New York Penal Code §§ 220.75 Manufacturing methamphetamine	1st Degree	Committing 2nd degree manufacturing methamphetamine with a prior conviction of any degree of manufacturing methamphetamine crime.	Class B felony 1 to 9 years in prison Alternate penalty of up to one year Up to $30,000
New York Penal Code §§ 220.77 Operating as a major trafficker	–	Directing a controlled substance organization with sales greater than $75,000 within a 12 month period Knowingly selling narcotics with sales greater than $75,000 within a six month period Possessing with intent to sell narcotics with a value of $75,000 or more	Class A-I felony Court must set an indeterminate sentence with a minimum prison sentence of 15 years but as much as 25 years and a maximum of life Up to $100,000

Prescription Drug Crimes in New York

As discussed in the chart below, a specific subsection of the New York Penal Law, 220.65, codifies the crime of selling a controlled substance via a prescription. On top of that, and as further depicted below, an individual in possession of or engaged in the sale of a prescription drug will likely be charged with other related crimes as a part of an indictment.

Crime	Degree	Conduct	Potential Sentencing / Penalty
New York Penal Code §§ 220.65 Criminal Sale of a Prescription for a Controlled Substance	–	A person is guilty of criminal sale of a prescription for a controlled substance when, being a practitioner, he knowingly and unlawfully sells a prescription for a controlled substance. For the purposes of this section, a person sells a prescription for a controlled substance unlawfully when he does so other than in good faith in the course of his professional practice.	Class C felony Up to 15 years’ imprisonment Up to $15,000 fine
New York Penal Code §§ 220.03 Criminal Possession of a Controlled Substance	7th degree	You will have committed this crime under New York Penal Code § 220.03 if you knowingly and unlawfully possess a controlled substance.	Class A misdemeanor Up to one year in jail
New York Penal Code §§ 220.31 Criminal Sale of a Controlled Substance	5th Degree	A person is guilty of criminal sale of a controlled substance in the fifth degree when he knowingly and unlawfully sells a controlled substance.	Class D felony For a first offense, exposure can be probation or up to 2.5 years’ imprisonment
New York Penal Code §§ 220.39 Criminal Sale of a Controlled Substance	3rd Degree	A person is guilty of criminal sale of a controlled substance in the third degree when he knowingly and unlawfully sells: a narcotic drug; or a stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide and has previously been convicted of an offense defined in article two hundred twenty or the attempt or conspiracy to commit any such offense; or a stimulant and the stimulant weighs one gram or more; or lysergic acid diethylamide and the lysergic acid diethylamide weighs one milligram or more; or a hallucinogen and the hallucinogen weighs twenty-five milligrams or more; or a hallucinogenic substance and the hallucinogenic substance weighs one gram or more; or one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and the preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more; or phencyclidine and the phencyclidine weighs two hundred fifty milligrams or more; or a narcotic preparation to a person less than twenty-one years old.	Class B felony 1 to 9 years’ imprisonment if a first offense conviction

Enhanced Penalties in New York

Almost anytime an individual is being prosecuted of a drug crime in New York, prosecutors will first look to see what, if any, prior convictions the individual has. If the person has a prior felony conviction within the last 10 years, the individual may be designated as a “Non-violent predicate.” This will, in turn, subject the individual to an enhanced sentence as depicted in the chart below. Moreover, if the individual’s prior conviction was specifically for a violent felony offense, the enhancement will be even greater, as depicted below.

Current Conviction	Non-Violent Predicate – Penalty With Prior Felony Conviction	Violent Predicate Felon – Penalty With Prior Violent Felony Conviction
A-I felony	12 to 24 years	15 to 30 years
A-II felony	6 to 14 years	8 to 17 years
B felony	2 to 12 years	6 to 15 years
C felony	1.5 to 8 years	3.5 to 9 years
D felony	1.5 to 4 years	2.5 to 4.5 years
E felony	1.5 to 2 years	2 to 2.5 years

FAQ’s on New York Drug Sentencing Laws

How long do you go to jail for drug possession in New York?

This varies greatly depending on the degree in which one is charged. For even serious felonies, an experienced defense lawyer can achieve for the client a probationary sentence if the right mitigation and defense is put forth. On the other hand, an individual with a significant prior criminal history may face mandatory minimums.

What is the sentence for drug trafficking in New York?

A minimum of eight to 20 years in prison for non-major drug traffickers, followed by a five-year period of post-release supervision. At least 12 to 20 years in prison for second felony drug offenders. At least 15 years in prison with a maximum term of life imprisonment for major drug traffickers.

What is an example of drug possession in New York?

Drug possession crimes vary greatly in New York as well. On the lower end, an individual may be charged if he is in possession of even recreational or personal use amounts. Commonly, even for more illicit substances, an individual possessing a personal use amount will likely be charged with the Class-A misdemeanor of Criminal Possession of a Controlled Substance in the 7th Degree. On the other hand, individual possession of massive quantities of controlled substances can be charged under New York’s “kingpin” statute, a Class A-1 felony which carries 8-20 years’ imprisonment for first time offenders.

What is the most serious drug charge in New York?

Under Penal Law Section 220.77, a person is guilty of operating as a major trafficker when:

Such person acts as a director of a controlled substance organization during any period of 12 months or less, during which period such controlled substance organization sells 1 or more controlled substances, and the proceeds collected or due from such sale or sales have a total aggregate value of at least $75,000, OR
As a profiteer, such person knowingly and unlawfully sells, on one or more occasions within 6 months or less, a narcotic drug, and the proceeds collected or due from such sale or sales have a total aggregate value of $75,000 or more, OR
As a profiteer, such person knowingly and unlawfully possesses, on one or more occasions within 6 months or less, a narcotic drug with intent to sell the same, and such narcotic drugs have a total aggregate value of $75,000 or more.

Is it illegal to have someone else’s prescription drugs?

Yes, it is illegal to possess another person’s prescription drugs. Notably, being found in possession of even a small quantity of another’s controlled substance could lead to misdemeanor or even felony charges.

What is the penalty for having someone else’s prescription?

Having someone else’s prescription drugs could, on the low end, lead to a year in jail if charged out as a class-A misdemeanor (PL 220.03). A more significant quantity however could be charged out as a felony and expose an individual to upstate prison time.

Is it a felony to share prescription drugs?

Yes – in essence, an individual can be charged with criminal sale of a controlled substance and with a specific subsection of this crime – criminal sale of a prescription for controlled substances. See PL 220.65. These felony charges can lead to numerous years in state prison if convicted.

Is it illegal to give prescription drugs to someone else?

Yes – even giving away (ie, not selling for money) a prescription drug could lead to charges. More and more often, we are seeing individuals being charged with reckless endangerment and sometimes even manslaughter when another person overdoses on prescription drugs provided by the initial actor. These charges of course are just as significant, if not worse, than a general crime charging criminal sale of a controlled substance.

By Jason Goldman | Posted on September 11, 2024

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