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New York · Through 2026-09-11

N.Y. Penal Law § 220.06: Criminal possession of a controlled substance in the fifth degree

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Where this section sits in the code
  1. Penal Law
  2. Part 3. Specific Offenses
  3. Title M. Offenses Against Public Health and Morals
  4. Article 220. Controlled Substances Offenses

§ 220.06 Criminal possession of a controlled substance in the fifth

degree.

A person is guilty of criminal possession of a controlled substance in

the fifth degree when he knowingly and unlawfully possesses:

1. a controlled substance with intent to sell it; or

2. one or more preparations, compounds, mixtures or substances

containing a narcotic preparation and said preparations, compounds,

mixtures or substances are of an aggregate weight of one-half ounce or

more; or

3. phencyclidine and said phencyclidine weighs fifty milligrams or

more; or

5. cocaine and said cocaine weighs five hundred milligrams or more.

6. ketamine and said ketamine weighs more than one thousand

milligrams; or

7. ketamine and has previously been convicted of possession or the

attempt to commit possession of ketamine in any amount; or

8. one or more preparations, compounds, mixtures or substances

containing gamma hydroxybutyric acid, as defined in paragraph four of

subdivision (e) of schedule I of section thirty-three hundred six of the

public health law, and said preparations, compounds, mixtures or

substances are of an aggregate weight of twenty-eight grams or more.

Criminal possession of a controlled substance in the fifth degree is a

class D felony.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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