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New York · Through 2026-09-11

N.Y. Penal Law § 220.09: Criminal possession of a controlled substance in the fourth 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

§ 220.09 Criminal possession of a controlled substance in the fourth

degree.

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

the fourth degree when he knowingly and unlawfully possesses:

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

containing a narcotic drug and said preparations, compounds, mixtures or

substances are of an aggregate weight of one-eighth ounce or more; or

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

containing methamphetamine, its salts, isomers or salts of isomers and

said preparations, compounds, mixtures or substances are of an aggregate

weight of one-half ounce or more; or

3. 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 two ounces or more;

or

4. a stimulant and said stimulant weighs one gram or more; or

5. lysergic acid diethylamide and said lysergic acid diethylamide

weighs one milligram or more; or

6. a hallucinogen and said hallucinogen weighs twenty-five milligrams

or more; or

7. a hallucinogenic substance and said hallucinogenic substance weighs

one gram or more; or

8. a dangerous depressant and such dangerous depressant weighs ten

ounces or more; or

9. a depressant and such depressant weighs two pounds or more; or

11. phencyclidine and said phencyclidine weighs two hundred fifty

milligrams or more; or

12. methadone and said methadone weighs three hundred sixty milligrams

or more; or

13. phencyclidine and said phencyclidine weighs fifty milligrams or

more with intent to sell it and has previously been convicted of an

offense defined in this article or the attempt or conspiracy to commit

any such offense; or

14. ketamine and said ketamine weighs four thousand milligrams or

more; or

15. 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 two hundred grams or more.

Criminal possession of a controlled substance in the fourth degree is

a class C felony.

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

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