Drug Possession

New York's Penal Law Article 220 governs drug possession. The severity of the charge — and the potential punishment — depends on the type of substance and the quantity:

Criminal Possession of a Controlled Substance in the Seventh Degree (§ 220.03): Possessing any controlled substance in any amount. Class A misdemeanor. Up to 1 year in jail.

Criminal Possession in the Fifth Degree (§ 220.06): Possessing at least 500 mg of cocaine, certain amounts of other substances, or any amount of certain narcotics with intent to sell. Class D felony.

Criminal Possession in the Fourth Degree (§ 220.09): Possessing larger quantities — 1/8 oz of cocaine, certain heroin amounts. Class C felony.

Criminal Possession in the Third Degree (§ 220.16): 1/2 oz cocaine, certain heroin amounts, intent to sell. Class B felony.

Criminal Possession in the Second and First Degrees: High-quantity charges with A-II and A-I felony classifications — very serious charges with mandatory sentencing guidelines.

Marijuana: Possession of small amounts of marijuana (under 3 oz) was decriminalized and then legalized in New York. However, possession of more than 3 oz of marijuana remains a violation or misdemeanor, and possession of larger quantities with intent to sell is still a serious crime.

The most powerful defense tool in drug possession cases is the Fourth Amendment. Every drug case begins with a search — of your person, your car, your home, or your belongings. If that search was conducted without a valid warrant, without valid consent, or outside the narrow exceptions that allow warrantless searches, the evidence can be suppressed. A suppression hearing that results in excluded evidence will often result in dismissal of the entire case.

Other key defenses include constructive possession challenges (arguing that the drugs belonged to someone else and you did not know they were present), challenging the laboratory analysis of the substance, and evaluating whether the defendant qualifies for a Drug Court diversion program as an alternative to prosecution.

Rockland County maintains an active Drug Court program for non-violent defendants whose charges stem from drug dependency. Participants receive supervised treatment in lieu of incarceration, with regular check-ins before the Drug Court judge. Successful completion can result in reduced charges or dismissal. This program is worth exploring for eligible clients.