Skip to main content
US Criminal Defense.org
Menu

New York statute

N.Y. Penal Law § 220.16 — Criminal possession of a controlled substance in the third 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 § 220.16

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 § 220.16Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
220.16 Criminal possession of a controlled substance in the third degree. A person is guilty of criminal possession of a controlled substance in the third degree when he knowingly and unlawfully possesses: 1. a narcotic drug with intent to sell it; or 2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide, with intent to sell it and has previously been con- victed of an offense defined in article two hundred twenty or the attempt or conspiracy to commit any such offense; or 3. a stimulant with intent to sell it and said stimulant weighs one gram or more; or 4. lysergic acid diethylamide with intent to sell it and said lysergic acid diethylamide weighs one milligram or more; or 5. a hallucinogen with intent to sell it and said hallucinogen weighs twenty-five milligrams or more; or 6. a hallucinogenic substance with intent to sell it and said hallucinogenic substance weighs one gram or more; or 7. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers with intent to sell it and said preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more; or 8. a stimulant and said stimulant weighs five grams or more; or 9. lysergic acid diethylamide and said lysergic acid diethylamide weighs five milligrams or more; or 10. a hallucinogen and said hallucinogen weighs one hundred twenty-five milligrams or more; or 11. a hallucinogenic substance and said hallucinogenic substance weighs five grams or more; or 12. one or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or 13. phencyclidine and said phencyclidine weighs one thousand two hundred fifty milligrams or more. Criminal possession of a controlled substance in the third degree is a class B 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 third degree in New York?

Criminal possession of a controlled substance in the third degree is a Class B Felony in New York under N.Y. Penal Law § 220.16.

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

Criminal possession of a controlled substance in the third degree is governed by N.Y. Penal Law § 220.16 (Criminal possession of a controlled substance in the third degree).

This reference is informational and is not legal advice.