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New York statute

N.Y. Penal Law § 220.09 — Criminal possession of a controlled substance in the fourth 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 § 220.09

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 § 220.09Primary source, current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
220.09 Criminal possession of a controlled substance in the fourth degree. A person is guilty of criminal possession of a controlled substance in the fourth degree when he knowingly and unlawfully possesses: 1. 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-eighth ounce or more; or 2. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or 3. 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 two ounces or more; or 4. a stimulant and said stimulant weighs one gram or more; or 5. lysergic acid diethylamide and said lysergic acid diethylamide weighs one milligram or more; or 6. a hallucinogen and said hallucinogen weighs twenty-five milligrams or more; or 7. a hallucinogenic substance and said hallucinogenic substance weighs one gram or more; or 8. a dangerous depressant and such dangerous depressant weighs ten ounces or more; or 9. a depressant and such depressant weighs two pounds or more; or 11. phencyclidine and said phencyclidine weighs two hundred fifty milligrams or more; or 12. methadone and said methadone weighs three hundred sixty milligrams or more; or 13. phencyclidine and said phencyclidine weighs fifty milligrams or more with intent to sell it and has previously been convicted of an offense defined in this article or the attempt or conspiracy to commit any such offense; or 14. ketamine and said ketamine weighs four thousand milligrams or more; or 15. 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 two hundred grams or more. Criminal possession of a controlled substance in the fourth degree is a class C 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 fourth degree in New York?

Criminal possession of a controlled substance in the fourth degree is a Class C Felony in New York under N.Y. Penal Law § 220.09.

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

Criminal possession of a controlled substance in the fourth degree is governed by N.Y. Penal Law § 220.09 (Criminal possession of a controlled substance in the fourth degree).

This reference is informational and is not legal advice.