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Drug Charges

In Suffolk County, those charged with drug offenses may be sent to the Drug Court in Central Islip, or may be eligible for the Drug Diversion Program offered at the County Court in Riverhead.

Marihuana Charges

Suffolk County Possession of Marihuana Charges

Marihuana related charges can be a violation, misdemeanor or felony depending primarily on the weight involved and whether the marijuana is being sold or simply possessed. The greater the weight involved, the more serious the offense. The most common marihuana offense is Unlawful Possession of Marihuana. This offense is a violation, not a crime and involves small amounts of marihuana. Even though a conviction for this offense will not give a defendant a criminal record, it will still appear on your record and so it is always best to avoid being convicted of this drug offense. A first time offense of Unlawful Possession of Marihuana can usually be dismissed. Below is the statute defining the elements of the offense of Unlawful Possession of Marihuana.

221.05 Unlawful Possession of Marihuana.

A person is guilty of unlawful possession of marihuana when he knowingly and unlawfully possesses marihuana. Unlawful possession of marihuana is a violation punishable only by a fine of not more than one hundred dollars. However, where the defendant has previously been convicted of an offense defined in this article or article 220 of this chapter, committed within the three years immediately preceding such violation, it shall be punishable (a) only by a fine of not more than two hundred dollars, if the defendant was previously convicted of one such offense committed during such period, and (b) by a fine of not more than two hundred fifty dollars or a term of imprisonment not in excess of fifteen days or both, if the defendant was previously convicted of two such offenses committed during such period.

Below are the Criminal Marihuana charges and the elements for each marihuana charge.

Criminal Possession of Marihuana in the Fifth Degree (S 221.10) is similar to Unlawful Possession of Marihuana however it has a public view or burning component to it. Also if the weight involves 25 grams or more, a defendant may be charged with this offense. Criminal possession of marihuana in the fifth degree is a “B” misdemeanor. Below is the statute:

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

marihuana in a public place, as defined in section 240.00 of this chapter, and such marihuana is burning or open to public view; or
one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams.

Criminal Possession of Marihuana in the Fourth Degree (S 221.15) involves two or more ounces. Criminal possession of marihuana in the fourth degree is a class A misdemeanor. Below is the statute:

A person is guilty of criminal possession of marihuana in the fourth degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than two ounces.

Criminal Possession of Marihuana in the Third Degree (S 221.20) involves eight or more ounces. Criminal possession of marihuana in the third degree is a class E felony. Below is the statute:

A person is guilty of criminal possession of marihuana in the third degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than eight ounces.

Criminal Possession of Marihuana in the Second Degree (S 221.25) involves sixteen or more ounces. Criminal possession of marihuana in the second degree is a class D misdemeanor. Below is the statute:

A person is guilty of criminal possession of marihuana in the second degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than sixteen ounces.

Criminal Possession of Marihuana in the First Degree (S 221.30) involves more than 10 pounds of marihuana. Criminal possession of marihuana in the first degree is a class C felony. Below is the statute:

A person is guilty of criminal possession of marihuana in the first degree when he knowingly and unlawfully possesses one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than ten pounds.

Criminal Sale of Marihuana in the Fifth Degree (S 221.35)

A person is guilty of criminal sale of marihuana in the fifth degree when he knowingly and unlawfully sells, without consideration, one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of two grams or less; or one cigarette containing marihuana.

Criminal sale of marihuana in the fifth degree is a class B misdemeanor.

Criminal Sale of Marihuana in the Fourth Degree (S 221.40)

A person is guilty of criminal sale of marihuana in the fourth degree when he knowingly and unlawfully sells marihuana except as provided in section 221.35 of this article.

Criminal sale of marihuana in the fourth degree is a class A misdemeanor.

Criminal Sale of Marihuana in the Third Degree (S 221.45)

A person is guilty of criminal sale of marihuana in the third degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than twenty-five grams.

Criminal sale of marihuana in the third degree is a class E felony.

Criminal Sale of Marihuana in the Second Degree (S 221.50)

A person is guilty of criminal sale of marihuana in the second degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than four ounces, or knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana to a person less than eighteen years of age.

Criminal sale of marihuana in the second degree is a class D felony.

Criminal Sale of Marihuana in the First Degree (S 221.55)

A person is guilty of criminal sale of marihuana in the first degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than sixteen ounces.

Criminal sale of marihuana in the first degree is a class C felony.

Suffolk County Controlled Substance Charges

Drug offenses are one of the most common types of charges prosecuted in New York. While possession of drugs to many may not be viewed as a crime, possession of even the smallest amount of a controlled substance, is at very least a misdemeanor offense, and often a felony. Today common drug offenses include possession of or sale of marijuana, possession or sale of cocaine, possession, manufacture, distribution or trafficking of methamphetamine, as well as the possession or sale of ecstasy, heroin, OxyContin, and prescription drugs.

For years, New York State had the strictest drug laws in the country. Over the last few years there has been an easing of what was known as the Rockefeller Laws. Today some of the most harshest sentences mandatory under the Rockefeller laws, including minimum mandatory sentences of 25 years to life on certain convictions have been substantially reduced. In addition, the laws today provide judges with more discretion when sentencing a defendant on a drug conviction as well as the option for a defendant to enter and complete drug treatment as way to avoid a lengthy prison sentence on certain occasions.

A conviction to a drug offense carries serious consequences. Even a conviction to a low level drug charge can have serious ramifications. Consequently, it’s important to attempt to have a drug charged dismissed or at least reduced as much as possible.

The most common controlled substance charge issued in New York is Criminal Possession of a Controlled Substance in the Seventh Degree ( Section 220.03). CPCS7 is an “A” misdemeanor. Below is the statute containing the elements of the offense of Criminal Possession of a Controlled substance in the Seventh Degree.

220.03 Criminal possession of a controlled substance in the seventh degree.

A person is guilty of criminal possession of a controlled substance in the seventh degree when he or she knowingly and unlawfully possesses a controlled substance; provided, however, that it shall not be a violation of this section when a person possesses a residual amount of a controlled substance and that residual amount is in or on a hypodermic syringe or hypodermic needle obtained and possessed pursuant to section thirty-three hundred eighty-one of the public health law, which includes the state's syringe exchange and pharmacy and medical provider-based expanded syringe access programs; nor shall it be a violation of this section when a person's unlawful possession of a controlled substance is discovered as a result of seeking immediate health care as defined in paragraph (b) of subdivision three of section 220.78 of the penal law, for either another person or him or herself because such person is experiencing a drug or alcohol overdose or other life threatening medical emergency as defined in paragraph (a) of subdivision three of section 220.78 of the penal law.

Below is a list of the New York State Controlled Substance Offenses

Section 220.03 Criminal possession of a controlled substance in the seventh degree
Section 220.06 Criminal possession of a controlled substance in the fifth degree
Section 220.09 Criminal possession of a controlled substance in the fourth degree
Section 220.16 Criminal possession of a controlled substance in the third degree
Section 220.18 Criminal possession of a controlled substance in the second degree
Section 220.21 Criminal possession of a controlled substance in the first degree
Section 220.25 Criminal possession of a controlled substance; presumption
Section 220.28 Use of a child to commit a controlled substance offense
Section 220.31 Criminal sale of a controlled substance in the fifth degree
Section 220.34 Criminal sale of a controlled substance in the fourth degree
Section 220.39 Criminal sale of a controlled substance in the third degree
Section 220.41 Criminal sale of a controlled substance in the second degree
Section 220.43 Criminal sale of a controlled substance in the first degree
Section 220.44 Criminal sale of a controlled substance in or near school grounds
Section 220.45 Criminally possessing a hypodermic instrument
Section 220.46 Criminal injection of a narcotic drug
Section 220.48 Criminal sale of a controlled substance to a child
Section 220.50 Criminally using drug paraphernalia in the second degree
Section 220.55 Criminally using drug paraphernalia in the first degree
Section 220.60 Criminal possession of precursors of controlled substances
Section 220.65 Criminal sale of a prescription for a controlled substance
Section 220.70 Criminal possession of methamphetamine manufacturing material in the second degree
Section 220.71 Criminal possession of methamphetamine manufacturing material in the first degree
Section 220.72 Criminal possession of precursors of methamphetamine
Section 220.73 Unlawful manufacture of methamphetamine in the third degree
Section 220.74 Unlawful manufacture of methamphetamine in the second degree
Section 220.75 Unlawful manufacture of methamphetamine in the first degree
Section 220.76 Unlawful disposal of methamphetamine laboratory material
Section 220.77 Operating as a major trafficker

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