{"id":375257,"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-possession-laws.html"},"modified":"2020-10-27T11:55:35","modified_gmt":"2020-10-27T16:55:35","slug":"new-york-drug-possession-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-drug-possession-laws.html","title":{"rendered":"New York Drug Possession Laws"},"content":{"rendered":"\n
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New York Drug Possession 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

Although New York drug possession laws divide controlled-substance and marijuana-related offenses into two separate groups, the elements of the offenses are essentially the same. In order to obtain a conviction for possession of a controlled substance or marijuana, prosecutors must prove, beyond a reasonable doubt<\/a>, that:<\/p>\r\n

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  1. The substance was a controlled substance;<\/li>\r\n
  2. The defendant possessed the substance;<\/li>\r\n
  3. His or her possession was knowing; and<\/li>\r\n
  4. The possession was unlawful.<\/li>\r\n<\/ol>\r\n

    The defendant’s possession of the illegal drug may be physical or it can also be "constructive<\/a>," that is, the defendant had control over the person or place where the drugs were found. Constructive possession can be proved even if the defendant is not physically present at the time the drugs are found.<\/p>\r\n

    New York Drug Possession Laws At A Glance<\/span><\/h2>\r\n

    The chart below contains some additional information on New York’s drug possession laws.<\/p>\r\n\r\n
    Statutes<\/b><\/td>\r\n
    Penalties and Sentences<\/b><\/td>\r\n

    A defendant convicted of a class A-1 felony (possession of 8 or more ounces of substances containing a narcotic drug or 5,760 milligrams of methadone) may be sentenced to a term of 8 to 20 years imprisonment or a fine of $100,000.<\/p>\r\n

    Convictions of class B to class E felonies range from sentences of a minimum of one year to a maximum of 1.5 to 9 years or fines ranging from $15,000 to $30,000 for class B and class C felonies.<\/p>\r\n

    Unlawful possession of marijuana is a violation and is subject to imprisonment of no more than 15 days or a fine in an amount less than $250.<\/p>\r\n<\/td>\r\n<\/tr>

    Defenses<\/b><\/td>\r\n

    Defenses to drug possession charges can include:<\/p>\r\n