Premier Legal Representation For New York's Unions

New York City Drug Possession Defense Lawyer

Drug possession for one’s own use may seem like a “victimless” crime, but New York law still treats most cases of possession of controlled substances – even marijuana – as felony crimes. You can be charged with drug possession for having medicinal drugs without a valid prescription as well as for having illegal street drugs, such as cocaine or heroin.

At JOEY JACKSON LAW, PLLC., we understand that a drug conviction can have long-term repercussions, such as barring you from employment opportunities. We are prepared to aggressively defend you against such charges.

Attorney Joey Jackson has over 25 years of experience in the practice of criminal law in New York City. Our firm knows how to work the New York City criminal justice system as well as the nuances of the state’s drug laws. You can count on us for steadfast support and sound legal counsel throughout your case.

How New York Law Defines ‘Controlled Substances’ And ‘Possession’

A controlled substance is any substance listed in schedule I, II, III, IV or V of section 3306 of New York public health law, with the exception of marijuana. The list includes opioids such as heroin and oxycodone, hallucinogens such as LSD, PCP and MDMA (Ecstasy, Molly), stimulants such as methamphetamine, prescription “study drugs” such as Adderall or Ritalin, depressants such as ketamine (Special K), GHB, and Rohypnol (Roofies), which are sometimes referred to as “date rape” drugs, and anabolic steroids.

If a controlled substance is found in a personal vehicle, every person in the vehicle can be charged with possession, unless the drugs were concealed upon the body of one person.

If a controlled substance is found in open view in a private room under circumstances suggesting an intent to manufacture, package or sell such drugs, every person in proximity can be charged with possession.

Degrees Of Drug Possession Charges In New York

The attorneys of JOEY JACKSON LAW, PLLC., are prepared to defend you against any criminal possession of a controlled substance charge (NYPL section 220), including:

  • Seventh degree – Class A misdemeanor – Possession of a small amount of a controlled substance
  • Fifth degree Class D felony – Possession of any controlled substance with intent to sell; or small amounts of depressant “date rape” drugs (more than 1000mg of ketamine or more than 28g of GHB); or 500mg or more of cocaine
  • Fourth degree Class C felony – Possession of drugs, such as hallucinogens, meth, narcotics, or stimulants; or larger amounts of depressants
  • Third degree – Class B felony – Possession of any hallucinogens, meth, narcotics or stimulants with intent to sell
  • Second degree Class A-II felony – Possession of large quantities of hallucinogens (625mg or more), methamphetamine (2 ounces or more), narcotics (4 ounces or more), stimulants (10g or more) or methadone (2,850mg or more)
  • First degree – Class A-I felony – Possession of 8 ounces or more of narcotics or more than 5,760mg of methadone

Marijuana (Cannabis) Possession Charges In New York

New York legalized medical marijuana in 2016, but outside of that program, marijuana remains an illegal drug in New York.

JOEY JACKSON LAW, PLLC., will defend you against any of these charges related to marijuana possession (NYPL section 221):

  • Unlawful possession of marijuana – A ticket violation – A first offense for possession (private or concealed) of 25g or less is punishable only by a fine of not more than $100, increasing to $200 for a second offense.
  • Criminal possession in the fifth degree – Class B misdemeanor – Smoking or possession in public view, or possession of more than 25g
  • Fourth Degree – Class A misdemeanor – Possession of more than 2 ounces
  • Third Degree – Class E felony – Possession of more than 8 ounces
  • Second Degree – Class D felony – Possession of more than 16 ounces
  • First Degree – Class C felony – Possession of more than 10 pounds

New York’s marijuana laws are constantly changing. Do not be caught off guard by allegations involving marijuana violations. Speak to our attorneys.

A Skilled New York City Drug Possession Defense Attorney

If you have been charged with illegal drug or marijuana possession in New York City or Long Island, contact the attorneys of JOEY JACKSON LAW, PLLC., in our Manhattan office at 833-563-9522. We have extensive experience in defending clients accused of drug possession in the criminal courts of the Bronx, Brooklyn, Queens and Manhattan, and in Nassau, Suffolk, and Westchester counties.