New York Drug Crime Lawyer

If you have been arrested or charged with a drug-related offense in New York City, it is essential to have an experienced attorney in your corner. Our drug crime defense attorneys are committed to protecting your rights and fighting to get the best possible outcome for you.

As a former prosecutor, attorney Mehdi Essmidi uses insights from the other side of the courtroom to build strategies that aggressively defend clients in drug crime cases. Don’t face criminal charges alone. Contact us for a free consultation.

New York Drug Laws and Penalties

New York follows its own controlled substance classifications under Article 220 of the Penal Law, which determines penalties based on the type and quantity of the substance. 

At the federal level, drugs are classified from Schedule I to Schedule V under the Controlled Substances Act. This classification influences how substances are categorized based on abuse potential and medical use.

These laws range from misdemeanor possession to serious felonies, carrying penalties such as fines, probation, and long-term imprisonment.

Criminal Possession of a Controlled Substance

Possession of a controlled substance is a costly offense under New York Penal Law § 220.03–220.25. You can face charges even if you had no intention to sell or supply the drug. The severity of the offense depends on the drug type, amount, and circumstances involved in possession.

Degrees of Criminal Possession of a Controlled Substance

• Seventh Degree (§ 220.03) – Possession of any controlled substance in any amount. (Class A misdemeanor, up to 1 year in jail.)
• Fifth Degree (§ 220.06) – Possession of 500+ mg of cocaine or intent to sell any controlled substance. (Class D felony, up to 2.5 years in prison.)
• Fourth Degree (§ 220.09) – Possession of at least 1/8 ounce of narcotics, 2+ ounces of methamphetamine, or other thresholds. (Class C felony, up to 5.5 years in prison.)
• Third Degree (§ 220.16) – Possession of at least 1/2 ounce of narcotics or 5+ grams of methamphetamine or possession with intent to sell. (Class B felony, up to 9 years in prison.)
• Second Degree (§ 220.18) – Possession of at least 4 ounces of narcotics, 10+ grams of stimulants, or 2+ ounces of methamphetamine. (Class A-II felony, 3–10 years minimum, up to life in prison.)
• First Degree (§ 220.21) – Possession of at least 8 ounces of narcotics or 5,760+ mg of methadone. (Class A-I felony, 15 years to life in prison.)

Given the consequences of a conviction, it’s essential to contact a New York drug possession lawyer.

Criminal Sale of a Controlled Substance

Selling or distributing controlled substances is a felony offense in New York. The charges depend on the type and quantity of drugs, the location of the sale, and whether minors were involved. Convictions carry significant prison sentences and fines.

Degrees of Criminal Sale of a Controlled Substance

• Fifth Degree (§ 220.31) –   Applies to the sale of any controlled substance without an aggravating factor. It is a Class D felony, punishable by up to 2.5 years in prison for a first offense.
• Fourth Degree (§ 220.34) – Applies to selling certain amounts of narcotics, stimulants, hallucinogens, or other controlled substances. Additionally, any sale occurring within 1,000 feet of a school or daycare center qualifies under this degree. It is a Class C felony, punishable by up to 5.5 years in prison.
• Third Degree (§ 220.39) – Applies to the sale of larger amounts of drugs or selling to a person under 21. It is a Class B felony, punishable by up to 9 years in prison.
• Second Degree (§ 220.41) – Applies to selling at least 1/2 ounce of narcotics or specific larger quantities of other controlled substances. It is a Class A-II felony, with sentences ranging from a minimum of 3–10 years to life in prison, depending on prior felony convictions.
• First Degree (§ 220.43) – Applies to the sale of at least 2 ounces of narcotics. It’s a Class A-I felony, carrying from 15 years to life in prison.

Unlawful Manufacture of Methamphetamine

Manufacturing methamphetamine is a serious crime in New York. The severity of charges depends on factors such as possession of precursor chemicals, prior convictions, and production methods.

Degrees of Unlawful Manufacture of Methamphetamine:

• Third Degree (§ 220.73) – Possession of precursor materials, lab equipment, or chemical reagents with intent to manufacture methamphetamine. (Class D felony, up to 2.5 years in prison.)
• Second Degree (§ 220.74) – Manufacturing methamphetamine with a prior meth-related conviction in the previous five years. (Class C felony, up to 5.5 years in prison.)
• First Degree (§ 220.75) – Manufacturing methamphetamine in the presence of a minor, using hazardous production methods that endanger public safety, or for cases of two or more prior meth-related felony convictions within the past five years.  (Class B felony, up to 9 years in prison for a first offense.)

Criminal Possession of Precursors of Controlled Substances

In New York, it is illegal to possess substances used in the manufacture of controlled substances, known as precursors. Under New York Penal Law § 220.60, criminal possession of precursors of controlled substances is a class E felony, punishable by up to 4 years in prison. The law targets possession of substances with the intent to use them in the unlawful manufacture of drugs.

Use of a Child to Commit a Controlled Substance Offense

Using a child to commit a drug offense is a serious crime in New York. Under New York Penal Law § 220.28, it is illegal to knowingly cause a child under the age of 16 to commit a felony drug offense. This crime is classified as a class E felony and carries penalties of up to 4 years in prison.

Criminal Sale of a Controlled Substance in or Near School Grounds

Selling drugs near schools or other educational facilities is an offense in New York. Under New York Penal Law § 220.44, it is illegal to sell controlled substances on school grounds or within 1,000 feet of school grounds, including on school buses or at school-sponsored events. This crime is classified as a Class B felony, punishable by up to 9 years in prison for a first offense.

Criminal Sale of a Prescription for a Controlled Substance

Under New York Penal Law § 220.65, it is illegal to sell, exchange, or unlawfully transfer a prescription for a controlled substance to another person. This crime is classified as a Class C felony, punishable by up to 15 years in prison, with sentencing varying based on prior convictions and other factors.

Sale of Illegal Cannabis

CBD shop owners in NY have been facing increasing scrutiny and potential legal challenges with the reform of cannabis laws on consumption. Law enforcement agencies are intensifying efforts toward CBD shops, leading to a rise in arrests and product confiscations during raids. These actions have left many proprietors uncertain about their rights and the future of their businesses. If you have been charged with the illegal sale of cannabis, contact us today. 

Common Defenses Against Drug Charges

There are several ways to defend against drug charges in New York. Here are some of the most common defenses:

Illegal Search and Seizure

If the police conducted an illegal search or seizure of your home, car, or person and found drugs in the process, then any evidence obtained from that search may not be used against you in court.

Entrapment

Entrapment happens when law enforcement improperly influences a person to commit a crime they would not have otherwise committed through coercion, undue persuasion, or deception. However, simply being given an opportunity to commit a crime is not entrapment—it must be proven that the defendant was unlawfully persuaded.

Mistake of Fact

If you were unaware that you were in possession of drugs at the time of your arrest (such as someone placing drugs in your bag without your knowledge), you may be able to argue the lack of knowing possession as a defense. However, this defense is challenging and depends on the specific facts of the case.

Lack of Knowledge

If prosecutors fail to prove beyond a reasonable doubt that you knowingly possessed drugs or were aware of their illegal nature, you may be found not guilty. There must be proof of possession or intent to sell or similar.

Duress

Duress may be a defense if you were forced to commit a crime under the threat of bodily harm or death and had no reasonable opportunity to escape.

It is important to note that these defenses may not be applicable in all cases, and the success of any defense will depend on the specific circumstances of the case.

Contact Us for a Free Consultation

Whether you’ve been charged with marijuana possession, drug trafficking, or other controlled substances, we are committed to providing you with the aggressive defense you need.

As a former New York City prosecutor, attorney Mehdi Essmidi has a unique perspective on the criminal justice system. He knows how the prosecution thinks and how to counter their strategies effectively. Contact us today for a free consultation.

FAQ

Is drug possession a felony in NY?

Under New York state law, drug possession can be charged as either a misdemeanor or a felony, depending on the type and amount of the illegal substance involved, as well as the defendant’s criminal history.

What are the penalties for drug offenses in NY?

Penalties for drug-related crimes vary based on the type and amount of the drug, prior convictions, and whether the crime involved minors or occurred near school grounds. Charges can range from misdemeanors, carrying fines and probation, to felonies that result in long prison sentences.

What is considered drug trafficking in NY?

Drug trafficking involves the transportation, distribution, or sale of illegal drugs. A person caught with large quantities of illegal drugs may face drug trafficking charges, which often carry harsher penalties, including mandatory prison sentences.

Can I face federal drug charges in NY?

Yes. Federal authorities, such as the Drug Enforcement Agency (DEA), may get involved if drug crimes cross state lines or involve large quantities. Federal drug crimes generally have harsher sentences than state-level offenses.

How do I find a qualified New York drug crime attorney?

Look for an attorney with experience in NYC drug laws, a strong track record of defending drug cases, and a deep understanding of both state and federal courts.