Whether you have been charged with a misdemeanor or felony drug charge you will be facing severe penalties that will impact your life for years to come. It is important that you have a knowledgeable advocate on your side to handle your case from start to finish. The Law Office of Brian A. Picarello, may get your charge reduced or find a mutually appealing sentencing option. We will make sure that you understand your rights and options. Contact us today for your free initial consultation.
Drug crimes include possession, distribution, and use. The amount of drugs involved in the case will play a big role in the crime you are charged with and the penalties you may face. If you are caught for possession of a small amount of drugs, you have a better chance at avoiding jail time if you are a first-time offender.
People charged with simple possession may be able to enter Drug Treatment Programs as an alternative to criminal court, provided they have no history of violent crime. A conviction results in treatment to help the user break their addiction, followed by a period of probation. In many cases, individuals who complete a treatment program may avoid going to jail.
If you are a minor, or the parent of a minor who has been arrested in relation to a drug offense, click here
We Defend Against All Drug Charges
Possession of marijuana
Possession of cocaine, crack, ecstasy, heroin and other illegal drugs
Possession with intent to distribute
Distribution of prescription drugs
Other drug crimes
Drug Type Classifications
Drugs are categorized according to their potential for abuse, medical value and type. Drug schedule classifications are based on federal drug law guidelines.
Schedule 1 drugs are the most serious, while Schedule 5 drugs are the least serious. All substances are listed in New York Public Health Law § 3306. Schedules of controlled substances.
Schedule 1 – Substances that are the most addictive and have not been accepted for medical use.
Schedule 2 – Substances that are highly addictive but may have some accepted medical use.
Schedule 3 – Substances that are addictive in have potential for physical and/or psychological
dependence, but they are widely and regularly used for medical purposes.
Schedule 4 – Substances include sedatives, tranquilizers, and other depressants
Schedule 5 – Substances include cough medicines, etc.
New York’s drug possession penalties are categorized by the class of the controlled substances in many cases. The following are a few examples of some of these drug classes:
Narcotic Drug – any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
- opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate;
- any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in subdivision (a), but not including the isoquinoline alkaloids of opium;
- opium poppy and poppy straw.
Narcotic Preparation – any controlled substance listed in schedule 3(d) or 3(e). One example is Nalorphine.
Hallucinogen – any controlled substance listed in schedule 1(d)(5), (18) through (22). Examples— Psilocybin (psychedelic mushrooms)
Hallucinogenic Substance – any controlled substance listed in schedule 1(d) other than Concentrated Cannabis, LSD or a Hallucinogen. Examples— Mescaline, Peyote, MDMA (ecstacy), DMT (Dimethyltryptamine)
Stimulant – any controlled substance listed in 1(f) or 2(d). Examples— Captagon (fenethylline), Aminorex, Cathinone, Adderall, Dexadrine, Ritalin/Concerta, Methamphetamine
Dangerous Depressant – any controlled substance listed in schedule 1(e)(2) or (3), 2(e), 3(c)(3), 4(C)(2), (31), (32) or (40).
Examples— Quaaludes, PCP/Angel Dust, Amobarbital, Doriden, Nembutal, Seconal, Veronal, Brevital, Mebaral, Luminal
Depressant – any controlled substance listed in schedule 4(c) except (c)(2), (31), (32), or (40).
Examples— Xanax, Paxor, Klonopin, Tranxene, Sepazon, Valium, (Diazepam) Eurodim, Dalmane, Sonin (Loprazolam), Nobrium (Medazepam), Erimin, Serapax, (Oxazepam), Cetrax (Parazepam), Halcion (Triazolam), Doral, Ambien (Zolpidem)
NY Criminal Drug Possession Quantities & Penalties
Criminal Possession of a Controlled Substance in the First Degree – 220.21 [A1 Felony]
Possession of 8 or more ounces of Cocaine
Possession of 8 or more ounces of Heroin
Possession of 5,760 milligrams or more of Methadone
Possession of 8 or more ounces of a Narcotic Drug
Criminal Possession of a Controlled substance in the Second Degree – 220.18 [A2 Felony]
Possession of between 4 and 7.9 ounces of Cocaine
Possession of between 4 and 7.9 ounces of Heroin
Possession of 25 milligrams or more of LSD
Possession of between 2,880 and 5,759 milligrams of Methadone
Possession of 2 or more ounces of Methemphetamine
Criminal Possession of a Controlled Substance in the Third Degree – 220.16 [B Non-Violent Felony]
Possession of between 0.5 and 3.9 ounces of Cocaine
Possession of between 0.5 and 3.9 ounces of Heroin
Possession of any amount of Cocaine with the Intent to Sell it
Possession of any amount of Heroin with the Intent to Sell it
Possession of any amount of LSD with the Intent to Sell it, and a previous conviction for an Article 220 offense or an attempt or conspiracy to commit such an offense
Possession of between 5 and 24.9 milligrams of LSD
Possession of 0.125 or more ounces of Methamphetamine with the Intent to Sell it.
Criminal Possession of a Controlled Substance in the Fourth Degree – 220.09 [C Non-Violent Felony]
Possession of between 0.125 and 0.49 ounces of Cocaine
Possession of between 0.125 and 0.49 ounces of Heroin
Possession of between 1 and 4.9 milligrams of LSD
Possession of between 360 and 2,879 milligrams of Methadone
Possession of between 0.5 and 1.9 ounces of Methamphetamine
Criminal Possession of a Controlled Substance in the Fifth Degree 220.06 [D Non-Violent]
Possession of between 500 milligrams and 0.125 ounces of Cocaine
Criminal Possession of a Controlled Substance in the Seventh Degree – 220.03 [A Misdemeanor]
No specified amount. Any measurable amount lower than those listed as a 4th or 5th degree offense.