N.Y. Penal Law § 220.16: Criminal possession of a controlled substance in the third degree

§ 220.16 Criminal possession of a controlled substance in the third

degree.

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

the third degree when he knowingly and unlawfully possesses:

1. a narcotic drug with intent to sell it; or

2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic

acid diethylamide, with intent to sell it and has previously been con-

victed of an offense defined in article two hundred twenty or the

attempt or conspiracy to commit any such offense; or

3. a stimulant with intent to sell it and said stimulant weighs one

gram or more; or

4. lysergic acid diethylamide with intent to sell it and said

lysergic acid diethylamide weighs one milligram or more; or

5. a hallucinogen with intent to sell it and said hallucinogen weighs

twenty-five milligrams or more; or

6. a hallucinogenic substance with intent to sell it and said

hallucinogenic substance weighs one gram or more; or

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

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

intent to sell it and said preparations, compounds, mixtures or

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

8. a stimulant and said stimulant weighs five grams or more; or

9. lysergic acid diethylamide and said lysergic acid diethylamide

weighs five milligrams or more; or

10. a hallucinogen and said hallucinogen weighs one hundred

twenty-five milligrams or more; or

11. a hallucinogenic substance and said hallucinogenic substance

weighs five grams or more; or

12. 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-half ounce or more; or

13. phencyclidine and said phencyclidine weighs one thousand two

hundred fifty milligrams or more.

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

class B felony.