{"id":375274,"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-heroin-laws.html"},"modified":"2018-03-26T11:50:06","modified_gmt":"2018-03-26T16:50:06","slug":"new-york-heroin-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-heroin-laws.html","title":{"rendered":"New York Heroin Laws"},"content":{"rendered":"\n
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New York Heroin 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

Heroin has been brought back on the radar of law enforcement due, in part, to some of the higher profile heroin deaths in recent years. Heroin and other narcotics remain illegal under both federal and state law<\/a> and New York’s laws pertaining to the possession, sale and trafficking of heroin are quite harsh. That being said, New York does provide treatment options<\/a> for those suffering from heroin addiction.<\/p>\n

Overview Of New York Heroin Laws<\/h2>\n

For more information on New York’s laws relating to heroin, a Schedule I controlled substance, see the chart below.<\/p>\n\n
Code Section<\/b><\/td>\n
Possession<\/b><\/td>\n

Knowingly possessing any amount is a Class A misdemeanor. Possession can become a felony as follows:<\/p>\n

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  • Over 500 mg<\/i><\/b>.: Class D felony;<\/li>\n
  • Over 1\/8 oz<\/i><\/b>.: Class C felony;<\/li>\n
  • Over 1\/2 oz.<\/i><\/b>: Class B felony;<\/li>\n
  • Over 4 oz.<\/i><\/b>: Class A-II felony;<\/li>\n
  • Over 8 oz.<\/i><\/b>: Class A-I felony;<\/li>\n
  • Any amount of a controlled substance with the intent to sell<\/i><\/b>: Class D felony;<\/li>\n
  • Any amount of narcotic drug with intent to sell<\/i><\/b>: Class B felony<\/li>\n<\/ul>\n<\/td>\n<\/tr>
Sale<\/b><\/td>\n

Knowingly selling any amount is a Class D felony, but this can increase as follows:<\/p>\n

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  • Over 1\/2 oz.<\/i><\/b>: Class A-II felony;<\/li>\n
  • Over 2 oz.<\/i><\/b>: Class A-I felony;<\/li>\n
  • On school grounds or sale to someone under 21<\/i><\/b>: Class B felony<\/li>\n<\/ul>\n<\/td>\n<\/tr>
Trafficking<\/b><\/td>\nA conviction of being a major trafficker is considered a Class A-I felony.<\/td>\n<\/tr><\/tbody><\/table>\n

Note:<\/b> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\n

New York Heroin Laws: Additional Resources<\/h2>\n

For additional information and resources related to New York drug laws, see the links below:<\/p>\n