PL 220.06 · Article 220
Criminal Possession of a Controlled Substance in the Fifth Degree
This felony applies when you possess a controlled substance with intent to sell it, or when you possess listed amounts such as one-half ounce or more of a narcotic preparation, 500 milligrams or more of cocaine, or 50 milligrams or more of PCP.
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Text us immediately · (845) 290-2492What the prosecutor must prove
- You knowingly and unlawfully possessed a controlled substance.
- You intended to sell it, or the substance and weight met one of the listed thresholds.
Defenses that commonly apply
- The weight does not meet the threshold the charge depends on.
- The laboratory analysis is unreliable or the sample was not properly handled.
- You did not know the substance was present or what it was.
- The search or seizure violated your rights.
Penalties and collateral consequences
A Class D Felony carries a maximum sentence of up to 7 years and a fine of up to Up to $5,000.
Weight and intent-to-sell allegations are the heart of this charge. A reduction to a possession violation can change a felony record into a much smaller one.
Every case turns on its own facts. The information on this page is general, not legal advice.
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