Drug Charges – Controlled Substance

Drug offenses are one of the most common types of charges prosecuted in New York. While possession of drugs to many may not be viewed as a crime, possession of even the smallest amount of a controlled substance, is at very least a misdemeanor offense, and often a felony. Today common drug offenses include possession of or sale of marijuana, possession or sale of cocaine, possession, manufacture, distribution or trafficking of methamphetamine, as well as the possession or sale of ecstasy, heroin, oxycontin, and prescription drugs.

For years, New York State had the strictest drug laws in the country. Over the last few years there has been an easing of what was known as the Rockefeller Laws. Today some of the most harshest sentences mandatory under the Rockefeller laws, including minimum mandatory sentences of 25 years to life on certain convictions have been substantially reduced. In addition, the laws today provide judges with more discretion when sentencing a defendant on a drug conviction as well as the option for a defendant to enter and complete drug treatment as way to avoid a lengthy prison sentence on certain occasions.

A conviction to a drug offense carries serious consequences. Even a conviction to a low level drug charge can have serious ramifications. Consequently, it’s important to attempt to have a drug charged dismissed or at least reduced as much as possible.

The most common controlled substance charge issued in New York is Criminal Possession of a Controlled Substance in the Seventh Degree ( Section 220.03). CPCS7 is an “A” misdemeanor. Below is the statute containing the elements of the offense of Criminal Possession of a Controlled substance in the Seventh Degree.

220.03 Criminal possession of a controlled substance in the seventh degree.
A person is guilty of criminal possession of a controlled substance in  the seventh degree when he or she knowingly and unlawfully  possesses a controlled  substance;  provided,  however,  that  it  shall  not  be  a violation of this section when a person possesses a residual amount of a controlled substance and that residual amount is in or on  a  hypodermic syringe  or hypodermic needle obtained and possessed pursuant to section thirty-three hundred eighty-one of the public health law, which includes the state's syringe exchange and  pharmacy  and  medical  provider-based expanded  syringe  access  programs; nor shall it be a violation of this section when a person's unlawful possession of a controlled substance is discovered as a result of seeking immediate health care  as  defined  in paragraph  (b)  of subdivision three of section 220.78 of the penal law, for either another person or him  or  herself  because  such  person  is experiencing  a  drug  or  alcohol  overdose  or  other life threatening medical emergency as defined in paragraph (a) of  subdivision  three  of section 220.78 of the penal law.

Below is a list of the New York State Controlled Substance Offenses

• Section 220.03 Criminal possession of a controlled substance in the seventh degree
• Section 220.06 Criminal possession of a controlled substance in the fifth degree
• Section 220.09 Criminal possession of a controlled substance in the fourth degree
• Section 220.16 Criminal possession of a controlled substance in the third degree
• Section 220.18 Criminal possession of a controlled substance in the second degree
• Section 220.21 Criminal possession of a controlled substance in the first degree
• Section 220.25 Criminal possession of a controlled substance; presumption
• Section 220.28 Use of a child to commit a controlled substance offense
• Section 220.31 Criminal sale of a controlled substance in the fifth degree
• Section 220.34 Criminal sale of a controlled substance in the fourth degree
• Section 220.39 Criminal sale of a controlled substance in the third degree
• Section 220.41 Criminal sale of a controlled substance in the second degree
• Section 220.43 Criminal sale of a controlled substance in the first degree
• Section 220.44 Criminal sale of a controlled substance in or near school grounds
• Section 220.45 Criminally possessing a hypodermic instrument
• Section 220.46 Criminal injection of a narcotic drug
• Section 220.48 Criminal sale of a controlled substance to a child
• Section 220.50 Criminally using drug paraphernalia in the second degree
• Section 220.55 Criminally using drug paraphernalia in the first degree
• Section 220.60 Criminal possession of precursors of controlled substances
• Section 220.65 Criminal sale of a prescription for a controlled substance
• Section 220.70 Criminal possession of methamphetamine manufacturing material in the second degree
• Section 220.71 Criminal possession of methamphetamine manufacturing material in the first degree
• Section 220.72 Criminal possession of precursors of methamphetamine
• Section 220.73 Unlawful manufacture of methamphetamine in the third degree
• Section 220.74 Unlawful manufacture of methamphetamine in the second degree
• Section 220.75 Unlawful manufacture of methamphetamine in the first degree
• Section 220.76 Unlawful disposal of methamphetamine laboratory material
• Section 220.77 Operating as a major trafficker