{"id":375256,"date":"2016-03-31T21:36:04","date_gmt":"2016-04-01T02:36:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-drug-distribution-trafficking-and-manufacturing-laws.html"},"modified":"2018-03-26T11:38:33","modified_gmt":"2018-03-26T16:38:33","slug":"new-york-drug-distribution-trafficking-and-manufacturing-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-drug-distribution-trafficking-and-manufacturing-laws.html","title":{"rendered":"New York Drug Distribution,Trafficking, and Manufacturing Laws"},"content":{"rendered":"\n
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New York Drug Distribution,Trafficking, and Manufacturing Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

New York has been known as having among the toughest drug laws<\/a> in America as it not only classifies well known substances like heroin and cocaine, but also the compounds to manufacture them. New York’s drug laws are also complex and convoluted as there are half a dozen different classes of felonies<\/a> for drug possession alone.<\/p>\n

When it comes to the sale of a controlled substance, there are five different degrees or categories. For fifth-degree sale of a controlled substance (the least of this offense), the prosecution must prove the unlawful sale of a controlled substance with knowledge that it is a controlled substance. The prosecution must also prove the specific intent<\/a> to transfer the substance and the present ability to do so. That said, for all degrees of the offense, the prosecution need not prove the defendant’s knowledge of the specific quantity of controlled substance sold. Nor is the defendant’s physical possession of the controlled substance or actual delivery required to secure a conviction. Simply making an offer or agreement to sell may be sufficient to prove his or her intent and present ability to commit the offense.<\/p>\n

Penalties and Sentences<\/h2>\n

New York classifies all convictions for the sale of a controlled substance as felonies. The convictions range in level from fifth-degree, which is punishable by 1 to 2.5 years in prison for first-time offenders) to first-degree which is punishable by:<\/p>\n