1. The Laws of New York
  2. Consolidated Laws
  3. Penal
  4. Part 3: Specific Offenses
  5. Title M: Offenses Against Public Health and Morals
  6. Article 220: Controlled Substances Offenses


Section 220.06 Criminal possession of a controlled substance in the fifth degree

Penal (PEN)

§ 220.06 Criminal possession of a controlled substance in the fifth

   degree.

  A person is guilty of criminal possession of a controlled substance in the fifth degree when he knowingly and unlawfully possesses:

  1. a controlled substance with intent to sell it; or

  2. one or more preparations, compounds, mixtures or substances containing a narcotic preparation and said preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or

  3. phencyclidine and said phencyclidine weighs fifty milligrams or more; or

  4. one or more preparations, compounds, mixtures or substances containing concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of the public health law and said preparations, compounds, mixtures or substances are of an aggregate weight of one-fourth ounce or more; or

  5. cocaine and said cocaine weighs five hundred milligrams or more.

  6. ketamine and said ketamine weighs more than one thousand milligrams; or

  7. ketamine and has previously been convicted of possession or the attempt to commit possession of ketamine in any amount; or

  8. one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid, as defined in paragraph four of subdivision (e) of schedule I of section thirty-three hundred six of the public health law, and said preparations, compounds, mixtures or substances are of an aggregate weight of twenty-eight grams or more.

  Criminal possession of a controlled substance in the fifth degree is a class D felony.