Although defendants in New York face potential penalties when caught with any contraband, there are many different types of possession charges to consider. Quantity is only one factor that can affect criminal consequences, and the authorities may also assess how a defendant intended to use the drugs in question. Defendants may find it easier to understand these complexities alongside an experienced criminal defense lawyer in New York. Consider a consultation with the experienced New York criminal defense attorneys at The Law Office of Benjamin Greenwald, and continue this discussion by calling 845-567-4820.
Legal Types of Possession in New York
First, it is important to recognize that some types of possession are completely legal in New York. An obvious example is marijuana. According to NYC Health, adults above the age of 21 can legally possess up to three ounces of marijuana (or about 85 grams). Adult users may also possess up to 24 grams of “concentrated cannabis,” which includes things like hash or oil. Finally, it is legal to possess up to five pounds of marijuana as long as it remains in the residence of the user. Medical licenses are not necessary, and recreational use is acceptable. Note that this only applies to New York, and marijuana remains illegal on a federal level.
Other recreational drugs are legal in New York with no restrictions. Many of these drugs are highly obscure – to the point where authorities do not bother with prohibitions. One example is Amanita muscaria, also known as the “fly agaric” mushroom. This wild, hallucinogenic mushroom grows naturally in the northern hemisphere, and it is completely legal to possess and consume in the United States. The American Journal of Preventative Medicine confirms that Amanita muscaria is not scheduled under the Controlled Substance Act. Another legal drug in New York is kratom, a tropical plant from Southeast Asia. Laws for other drugs, like hallucinogenic cacti, are slightly vague. For example, mescaline is a controlled substance – but mescaline-containing cacti are not mentioned by the Controlled Substance Act.
When Is Marijuana Possession Illegal in New York?
Possession of more than three ounces in public is a “violation” punishable by a fine of $150. In New York, “violations” are non-criminal offenses that do not alter criminal records. In effect, these are comparable to parking tickets. However, this leniency only goes so far – and defendants face more serious penalties for possessing over 16 ounces in public. Defendants also face legitimate criminal consequences for the possession of over five ounces of concentrated cannabis in public. This is a misdemeanor with a maximum jail sentence of one year.
Defendants caught with over five pounds of marijuana (or two pounds of concentrated cannabis) face class E felonies. The maximum sentence for a class E felony in New York is four years in prison. Possession of more than 10 pounds of cannabis (or four pounds of concentrated cannabis) is a class D felony in New York with a maximum prison sentence of seven years. When a defendant reaches these amounts, prosecutors may determine an intent to distribute. As a result, courts in New York could view these defendants as potential drug dealers rather than recreational users. A criminal defense attorney at The Law Office of Benjamin Greenwald may be able to establish that a defendant had no intent to sell, and they were simply using copious amounts of marijuana. For example, the defendant may have intended to share their quantity of marijuana with a group of individuals over a weekend.
What Are the Least Serious Types of Possession in New York?
Putting marijuana aside, the least serious types of possession charges are misdemeanors in New York. Technically speaking, this is a “7th-degree crime” and a class A misdemeanor. Defendants may face up to one year in jail for this offense. This lower sentence only applies to defendants caught with very low amounts of controlled substances. Examples include 0.5 grams of cocaine, one gram of ketamine, 25 milligrams of ecstasy, five milligrams of LSD, and 0.5 ounces of methamphetamine. First-time offenders may experience more lenient sentences, and drug treatment programs may be possible instead of incarceration.
What Types of Possession Are Felonies in New York?
Aside from marijuana and 7th-degree offenses, all other types of possession in New York are felonies. These range from 5th-degree, class D felonies to 1st-degree, class A-I felonies. Prosecutors and authorities may try to establish an “intent to sell” based on certain quantities, the presence of paraphernalia, and the circumstances of the arrest.
Class D Felony Possession
The least serious possession offense in New York is a class D felony and a 5th-degree crime. The penalty for this offense is up to 2.5 years in prison. Minimum qualifying amounts include:
- 0.5 ounces of narcotics
- 50 milligrams of PCP
- 500 milligrams of cocaine
- 1000 milligrams of ketamine
- 28 grams of GHB
Class C Felony Possession
This 4th-degree crime can lead to up to 5.5 years in prison. Minimum qualifying amounts include:
- Two ounces of narcotics
- 250 milligrams of PCP
- ⅛ of an ounce of cocaine
- 4000 milligrams of ketamine
- 200 grams of GHB
Class B Felony Possession
This 3rd-degree crime can lead to a maximum prison sentence of nine years. Minimum qualifying amounts include:
- 1250 milligrams of PCP
- 0.5 ounces of cocaine
- 125 milligrams of hallucinogens
- 5 milligrams of LSD
Note that intent to sell is a common factor when it comes to Class B felony possession. Defendants could face this charge for possession of any amount of narcotics if prosecutors can establish an intent to sell.
Class A Felony Drug Possession
Class A felonies represent the most serious types of possession crimes in New York. These fall into two categories: Class A-II felonies and class A-I felonies:
Class A-II Felony Possession
The maximum sentence for this 2nd-degree possession offense is 10 years in prison. Defendants may also face a maximum fine of $50,000. Minimum qualifying amounts include:
- Four ounces of narcotics
- 2,880 milligrams of methadone
- 25 milligrams of LSD
Class A-I Felony Possession
This 1st-degree offense represents the most serious charge a defendant may receive for possessing drugs in New York. This Class A-I felony is associated with a maximum prison sentence of 20 years. Minimum qualifying amounts include:
- Eight ounces of narcotics
- 5,760 ounces of methadone
Contact The Law Office of Benjamin Greenwald
Consequences for drug-related offenses may be challenging to assess through online research alone. Various types of possession penalties are possible, and a more personalized approach alongside a defense lawyer could provide more clarity. Aside from helping a defendant understand their charges, an experienced drug attorney in New York may also be able to help assess the most appropriate defense strategies. Consider calling 845-567-4820 to continue this discussion at The Law Office of Benjamin Greenwald.
