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New York statute

N.Y. Penal Law § 220.06 — Criminal possession of a controlled substance in the fifth degree

Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)

Part of Article 220: Controlled Substances Offenses, New York Penal Law.

Criminal charges under this statute

Full text of N.Y. Penal Law § 220.06

Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.

N.Y. Penal Law § 220.06Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
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 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.

Official sources

Legal terms used in this section

Questions this section answers

What class of felony is criminal possession of a controlled substance in the fifth degree in New York?

Criminal possession of a controlled substance in the fifth degree is a Class D Felony in New York under N.Y. Penal Law § 220.06.

Which New York statute covers criminal possession of a controlled substance in the fifth degree?

Criminal possession of a controlled substance in the fifth degree is governed by N.Y. Penal Law § 220.06 (Criminal possession of a controlled substance in the fifth degree).

This reference is informational and is not legal advice.