2021 New York Laws
PEN - Penal
Part 3 - Specific Offenses
Title M - Offenses Against Public Health and Morals
Article 220 - Controlled Substances Offenses
220.06 - Criminal Possession of a Controlled Substance in the Fifth Degree.
§ 220.06 Criminal possession of a controlled substance in the fifthdegree.
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.