Drug Offenses | Lawyers for the Accused

Drug Offenses2022-10-07T20:22:22+00:00

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Drug Related Crimes | Lawyers & Attorneys

Drug crimes are some of the most controversial in the criminal justice system. While many prosecutors seek incarceration for drug possession and drug sales, others like counselors and criminal defense lawyers see the benefit that rehabilitation and drug courts can have on families and the community.

Whatever your experience or feelings, New York and the Federal Government still takes a very strong position against drugs, especially selling them. While reading this, note the many differences between how the Federal Government and New York differentiate drug crimes. By way of example, New York has moved towards decriminalizing many of the marihuana offenses, however the Federal Government has not.

Finally, not every drug crime is listed here. For instance, in New York, there are 15 different ways to be charged with Criminal Possession of a Controlled Substance in the Fourth Degree. However, this guide is meant to detail how New York and the Federal Government categorizes various drug crimes and the authorized punishments for them.

Frequently Asked Questions About Drug Related Crimes

Our criminal defense lawyers provide answers to some important questions below.

How and where are drug crimes defined in New York?2020-09-29T14:38:20+00:00

New York Penal Law defines almost all drug offenses in Article 220. The only drug that is not found in article 220 of the Penal Law is marihuana, which is found in Penal Law Article 221. See our Marihuana FAQ tab for more information on that specific drug.

Drug Crimes are broken down into two main categories: possession and sale. Generally speaking, selling a drug is more serious than possession. However, it is important to note that if you possess certain amounts of drugs, the law may presume that you are possessing the drug with the intent to sell it. These possession cases can sometimes be just as serious as actual sales.

Possession and sale crimes are broken into two more categories: type of drug and amount. New York classifies controlled substances into broader categories including:

  • Narcotics
  • Narcotic Preparations
  • Hallucinogens
  • Stimulants
  • Depressants
  • Methamphetamine
  • Marihuana

All fall under the broad category of “controlled substances”. All drugs listed in Schedule I, II, III, IV, or V of New York Public Health Law §3306 are controlled substances, except for marihuana, but including concentrated cannabis.

How do the police determine the weight of my drug charge?2020-06-29T10:19:22+00:00

For some drugs, the government only has to prove the weight of the substance no matter how much actual “drug” it includes. In other words, if “crack” is cocaine, baking soda, and water, its irrelevant how much of each is included – whatever the “crack” weighs, that is the weight you will be charged with.

On the other hand, some crimes look to the pure drug weight itself. For mushrooms, the government must extract the psilocybin and determine its amount, rather than just weighing the entire mushroom itself.

Can I be charged with drug possession if drugs are in the car I am in?2023-05-26T15:39:18+00:00

Yes. “Possess” or “Possession” can be actual or constructive. Actual means it is in your hand, a pocket, or any belonging you have with you. Constructive means more than one person has access to the drugs. For example, if you are in a vehicle and drugs are in a glove box, center console, under the seat, you can still be charged with constructive possession.

Can I be convicted of a drug offense if I am with other people but do not know they have drugs?2020-06-29T10:18:24+00:00

No. You can only be convicted of a drug offense if you possessed the drugs, and if you knew what the drugs were. “Knowingly” means that you are aware that the item or substance contains a controlled substance.

Can I be charged with selling drugs if I share the drugs with friends?2020-06-29T10:17:54+00:00

Yes. “Sell” means to sell, exchange, give, or dispose of to another. In other words, “giving” a controlled substance to a friend, for no money, is a drug sale in New York. Sharing drugs with friends at a party is a drug sale. While this is rarely the type of case that is brought, it technically can be.

Can I go to prison if I am charged with possessing a drug?2020-06-29T10:17:27+00:00

Yes. Possession charges are broken down into 7 degrees, though notably there is currently no crime defined as Criminal Possession of a Controlled Substance in the Sixth Degree (CPCS 6). Below is a list of the various drug possession crimes, their elements, and maximum punishments. If you have been charged with any of the offenses listed below, the consequences of that offense are detailed for your review.

What are the penalties for criminal possession of a controlled substance in the seventh degree (cpcs 7th) under penal law section 220.03?2020-06-29T10:17:05+00:00

This is the lowest drug possession charge. You can be charged with this anytime you knowingly and unlawfully possess a controlled substance. Weights and types are irrelevant here. If the drug fits the definition of a controlled substance, you may be charged with this offense. CPCS 7th is a class A misdemeanor. You face up to 1 year in local jail, up to 3 years of probation, and a maximum fine of $1,000. You could also be ordered to engage in some type of rehabilitation or substance abuse counseling and may also be required to perform community service.

What are the penalties for criminal possession of a controlled substance in the fifth degree (CPCS 5th) under penal law section 220.06?2020-09-29T14:40:42+00:00

CPCS 5th is most commonly charged when a person knowingly and unlawfully possesses any controlled substance with the intent to sell it. Remember that “sell” has a very broad definition. It can also be charged in the following circumstances without any intent to sell:

  • ½ ounce or more of a Narcotic Preparation (Includes Opium-extracts and some other drugs)
  • 50 milligrams or more of Phencyclidine (PCP, Angel Dust)
  • ¼ ounce or more of concentrated Cannabis
  • 500 milligrams or more of Cocaine
  • Over 1000 milligrams of Ketamine (Frequent “date rape” drug)
  • 28 grams or more of a substance containing Gamma Hydroxybutyric Acid (like, but not the same as MDMA/Ecstasy)

CPCS 5th is a class D felony. Therefore, you face up to 2½ years in a state correctional facility with an additional 1 year of post-release supervision. Your prison term could involve CASAT or SHOCK.  You could serve up to 1 year in local jail, or probation for up to 5 years. You may also be sentenced to take part in Judicial Diversion or another Drug Court program. Your driver’s license and registration may be suspended for 6 months. You may also be fined up to $5,000 or be ordered to pay restitution and other fees.

What are the penalties for criminal possession of a controlled substance in the fourth degree (CPCS 4th) under penal law section 220.09?2020-09-29T14:42:11+00:00

CPCS 4th has many different subdivisions, but likely will be charged in one of the following circumstances:

  • 1/8 ounce or more of a substance containing a Narcotic Drug (Heroin, Cocaine)
  • ½ ounce or more of a substance containing Methamphetamine
  • 2 ounces or more of a substance containing a Narcotic Preparation
  • 1 gram or more of a Stimulant (Adderall, Ritalin)
  • 1 milligram or more of Lysergic Acid Deithylamide (LSD, Acid)
  • 25 milligrams or more of a Hallucinogen (Mushrooms, Peyote)
  • 1 gram or more of a Hallucinogenic Substance
  • 10 ounces or more of a dangerous Depressant
  • 2 pounds or more of a Depressant
  • 1 ounce or more of a substance containing concentrated Cannabis
  • 250 milligrams or more of Phencyclidine (PCP, Angel Dust)
  • 360 milligrams or more of Methadone
  • 4000 milligrams or more of Ketamine (Frequent “date rape” drug)
  • 200 grams or more of a substance containing Gamma Hydroxybutyric Acid (like, but not the same as MDMA/Ecstasy)

CPCS 4th is a class C felony. Therefore, you face up to 5 ½ years in a state correctional facility with an additional 1 to 2 years of post-release supervision. Your prison time could involve CASAT or SHOCK.  You could serve up to 1 year in local jail, or probation for up to 5 years. You may also be sentenced to take part in Judicial Diversion or another Drug Court program. Your driver’s license and registration may be suspended for 6 months. You may also be fined up to $15,000 or be ordered to pay restitution and other fees.

What are the penalties for criminal possession of a controlled substance in the third degree (CPCS 3rd) under penal law section 220.16?2020-06-29T10:14:34+00:00

CPCS 3rd involves knowingly and unlawfully possessing any of the following with the intent to sell them:

  • Any amount of any Narcotic Drug (Cocaine, Heroin);
  • 1/8 ounce or more of any substance containing Methamphetamine;
  • A Stimulant (Adderall, Ritalin), Hallucinogen or Hallucinogenic Substance (Mushrooms, Peyote), or Lysergic Acid Diethylamide (LSD) – if you have any prior drug conviction;
  • 1 gram or more of a Stimulant;
  • 1 milligram or more of Lysergic Acid Diethylamide;
  • 25 milligrams or more of a Hallucinogen;
  • 1 gram or more of a Hallucinogenic Substance;

CPCS 3rd also includes penalties for larger personal possession amounts including:

  • 5 grams or more of a Stimulant (up for 1);
  • 5 milligrams or more of Lysergic Acid Diethylamide (up from 1);
  • 125 milligrams of a Hallucinogen (up from 25);
  • 5 grams or more of a Hallucinogenic Substance (up from 1);
  • ½ ounce or more of a substance containing a narcotic drug (up from 1/8);
  • 1,250 milligrams or more of Phencyclidine (up from 250).

CPCS 3 is a class B felony. Therefore, you face up to 9 years in a state correctional facility with an additional 1 to 2 years of post-release supervision. Your prison time could involve CASAT or SHOCK. LINK You could serve up to 1 year in local jail, or probation for up to 5 years. You may also be sentenced to take part in Judicial Diversion or another Drug Court program. Your driver’s license and registration may be suspended for 6 months. You may also be fined up to $30,000 or be ordered to pay restitution and other fees.

What are the penalties for criminal possession of a controlled substance in the second degree (CPCS 2nd) under penal law section 220.18?2020-09-29T14:43:56+00:00

CPCS 2nd does not contain any requirement that you intend to sell the controlled substance. It criminalizes large possession amounts as follows:

  • 4 ounces or more of a substance containing a narcotic drug (up from ½ ounce);
  • 2 ounces or more of a substance containing methamphetamine (up from ½ ounce contained in CPCS 4);
  • 10 grams or more of a Stimulant (up from 5);
  • 25 milligrams or more of Lysergic Acid Diethylamide (up from 5);
  • 625 milligrams or more of a Hallucinogen (up from 125);
  • 25 grams or more of a Hallucinogenic Substance (up from 5);
  • 2,880 milligrams or more of Methadone (up rom 360 contained in CPCS 4).

CPCS 2nd is a class A-II felony. Therefore, you face a minimum of 3 and a maximum of 10 years in a state correctional facility with an additional 15 years of post-release supervision. Your prison time could involve CASAT or SHOCK. You could also be sentenced to lifetime probation. You may also be sentenced to take part in Judicial Diversion or another Drug Court program. Your driver’s license and registration may be suspended for 6 months. You may also be fined up to $50,000 or be ordered to pay restitution and other fees.

What are the penalties for criminal possession of a controlled substance in the first degree (CPCS 1st) under penal law section 220.21?2020-09-29T14:45:30+00:00

CPCS 1st as with CPCS 2nd has no requirements of an intent to sell, however it contains just two subdivisions at the highest weights including:

  • 8 ounces or more of a substance containing a Narcotic Drug;
  • 5,760 milligrams of Methadone.

CPCS 1st is a class A-I felony. Therefore, you face a minimum of 8 and a maximum of 20 years in a state correctional facility with an additional 15 years of post-release supervision. Your prison time could involve CASAT. You are ineligible for SHOCK, local jail time, probation, diversion or other drug courts.  You may also be fined up to $100,000 or be ordered to pay restitution and other fees.

Timeline of a Criminal Defense Case

LaMarche Safranko Law Testimonials

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Vicki Testimonial Transcript
Well, I met George in 2014. My son was arrested for a criminal offense, and George—he has this ability, it’s just who he is. He’s genuinely empathetic and he’s very compassionate and he has the ability to just make you feel safe. You know? I just always felt I was in great hands and my son was in good hands and that we would have a good outcome of our situation and we always have. And he’s brilliant. He’s a brilliant lawyer. He’s very skilled and very creative. He has excellent rapport with all the judges and DAs and officials, and he’s always found a rehabilitative outcome for my son which I genuinely appreciate.

Laurie Testimonial Transcript
George was referred to me by my estate attorney. They go way back and it was a great referral, I don’t think I could have done any better, it was a very good match for me. Something that was really really instrumental in the whole thing was George keeping us up-to-date on what was going on and very much included. I was invited to be at all the depositions if I wanted to be and he gave me all the written depositions to read through, so I was always up-to-date on what was going on and I felt like a part of the process. I would definitely recommend George to other people. In fact, about 2 weeks ago I did. A friend of mine was in a pedestrian car accident, she was the pedestrian and is in pretty rough shape, and he was the first person I thought of so I actually asked him if it would be in his purview and he said yes. And I know that she’s very happy with him so far.

Jules Testimonial Transcript
What brought me to the firm was a personal incident where Andrew was recommended to me very highly by a family friend who’s also an attorney, and Andrew represented me to great satisfaction in that case. What impressed me the most about Andrew was his direct straightforward approach, and he has this incredible way of setting you at ease and yet telling you the good and the bad of a situation. I felt that he was very much a straight shooter and lived up to the reputation that preceded him. I would recommend them and Andrew Safranko to anybody in the world. They’re just that class of a group of people.

Chuck Testimonial Transcript
Well, I came to LaMarche Safranko Law because I knew Andy was here and he’s helped me in the past and I just feel so comfortable coming to him because you know you’re going to get the best outcome that you can get in a criminal law field. He’s done such a fabulous job for me and I’ve seen what he does for me, so I’m sure he’ll do the same—put out the same effort and energy and zeal it takes to win their case like he has mine. I would feel very comfortable recommending him.

“Dear George, Andy and Staff,

Thank you all for your kindness and all your help in getting back to my wellbeing and life.  I could not have done it without you all.  Everything is going so well again.  I recommend you highly. Thanks Again!”

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A client from Troy, NY

“The arrest of my husband in 2008 was an extremely difficult and emotional time for our family. The arrest turned our lives upside down. It was sudden and unexpected and had tragic emotional as well as financial consequences. I had no idea what to do under the circumstances….

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A client from Upstate New York

“No one likes to be in a bad situation, but if you need a lawyer George is your man. Not only does he point you in the right direction he offers good advice for your future. As much as we bring him business he does not encourage that next time anticipation….

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A client from Albany, NY

“I cannot thank George E. LaMarche lll and his team for the excellent legal work they provided for my son, and in extension, our entire family. His experience, knowledge of the law, networking ability and communication is second to none. In our case, our son was wrongly accused by a small town police officer and charged with 5 tickets…

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A client from Altamont, NY

“I wanted to express my deepest appreciation to Mr. Andrew Safranko for the exceptional job he did in regards to my legal representation. Mr. Safranko displayed the utmost in professionalism and discretion during the entire court process, and took the time to explain each and every step….

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A client from Schenectady, NY

“My family and I cannot thank George and his staff enough for all of the support and guidance they have given us over the past six months. Anyone who has ever suffered a personal injury knows how difficult they are to overcome, but I’m glad we had such an intelligent and hardworking attorney on our side so I could focus on my recovery rather than on the details of the case….

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A personal injury client from Waterford, NY

“I am an attorney who found himself in the middle of a serious, personal legal matter that compromised not only my personal life but my professional life as well. I immediately contacted Andrew (Andy) Safranko, Esq. Andy worked tirelessly and extremely hard to bring my legal situation to a very favorable resolution. In so doing, Andy not only saved certain aspects of my personal and professional life

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Anonymous Attorney from Albany, NY

“Dear Andrew and George,

I cannot thank you enough for your hard work, diligence, and selfless manner that you put towards my legal difficulties in Colonie. From the first moment I met you, you helped reassure me that things were going to turn out in a more favorable manner than I originally thought. Clearly, the final result of my court case displays the quality of time and work that you put into this….

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A client from Colonie, NY

“The staff at LaMarche Safranko Law took care of  whatever I needed, it was just fabulous. It was top shelf, if I called, I got George. If he was in a meeting, they left him a message. He called me right back after the meeting. Everybody was very courteous and very nice there. If I left a voicemail, everybody got back to me quickly. The level of service  was very, very good and I would Highly recommend them.”

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A personal injury client from Cohoes, NY

“Throughout the attorney client relationship regarding my personal injury lawsuit, George and his staff continually exhibited tremendous amounts of legal knowledge, skill, and a vast amount of expert resources that ultimately resulted in a final judgment in my favor.  George was there every step of the way to explain where we stood and what to expect next and there was never a need to question his professional judgment…

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A client from Troy, NY

“I can honestly say that the best decision I’ve ever made was retaining George LaMarche as my attorney. I was in a situation where everything wasat risk; my career, livelihood, and the ability to provide for my family. In desperation, I contacted over a dozen attorneys. The majority of the lawyers I spoke with promised results without seeing paperwork or knowing valuable facts….

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A client from Albany, NY

“I wanted to take this opportunity to thank you for your excellent representation on my recent matter. I have worked with lawyers, and in law firms much of my professional life, but I have never encountered the rare mix of skill, integrity and humanity in one individual—you….

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A client from Rensselaer, NY

“Dear Andy,

Thank you so much for everything you have done for our son over the last three years.  This has been a very challenging time for our family and the knowledge that our son has an attorney as capable and amazing as you are has given us peace of mind!

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Parents of a client from Cropseyville, NY

“Dear Mr. Safranko,

Thank You so much for answering my question, and so expediently!

The dedication, respect, and consideration with which you treat your clients, current and past, is remarkable. It is why I reached out to you when searching in my time of need, and why I would highly recommend…

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A client from Albany, NY
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