Like all states, New York regulates and controls the possession of controlled dangerous substances (CDS) but each state defines CDS differently and provides different punishment for violation of the applicable CDS laws. Although there are many different substances in a variety of categories or classification of CDS in New York, the most common illegal drugs are marijuana, heroin and cocaine. Possession of any of these drugs is illegal and subject to criminal prosecution, conviction, and possible prison time.
Classifications of CDS in New York
Controlled dangerous substances are classified into five “schedules” beginning with Schedule I, which includes drugs with a high probability of abuse and addiction. From there on down, the CDS are classified with decreasing degree of probability of abuse and addiction. Those substances with the lowest probability of abuse and addiction but still criminal to possess are classified under Schedule V. Schedule V substances include drugs that are recognized to have medical use and generally less sought after for prosecution or punishment.
Criminal Possession of CDS in the Fourth Degree
You can be charged with criminal possession of CDS in the fourth degree if you knowingly and unlawfully possess CDS in New York, including the following:
- Any preparation, compound, mixture, or substance containing a narcotic drug
- Any preparation, compound, mixture, or substance containing methamphetamine, its salts, isomers or salts of isomers which all are of an aggregate weight of one-half ounce or more
- A stimulant which weighs one gram or more
- A hallucinogen which weighs 25 milligrams or more
- A dangerous depressant which weighs ten ounces or more
- Any preparation, compound, mixture, or substance containing concentrated cannabis as described under New York law and these items weigh on aggregate one ounce or more
- Any preparation, compound, mixture, or substance containing gamma hydroxybutyric acid (GHB), as defined under New York law and these items are of an aggregate weight of 200 grams or more
Criminal possession of CDS in the fourth degree is a class C non-violent felony. The penalty for a Class C non-violent felony ranges from no jail time and probation to up 15 years in prison.
A Manhattan Drug Possession Defense Lawyer Can Help
At JOEY JACKSON LAW, PLLC, we have more than 25 years of experience handling a variety of issues, including defending against charges of drug possession. If you have been arrested or charged with drug possession at a Class C felony level or more, contact an experienced New York City drug possession defense attorney at our office. We will evaluate your case and provide the advice and guidance you need. Call 1-833-JOEYJACKSON or 1-833-563-9522 for an appointment.