PL 220.21 · Article 220
Criminal Possession of a Controlled Substance in the First Degree
This offense has two alternatives: knowing and unlawful possession of preparations containing a narcotic drug with a combined weight of at least eight ounces, or methadone weighing at least 5,760 milligrams. Neither alternative expressly requires intent to sell or a prior conviction.
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Text us immediately · (845) 290-2492Definition under New York law
PL 220.21 · Original statutory wording; excerpts must be read together with the full section.
§ 220.21 Criminal possession of a controlled substance in the first degree. A person is guilty of criminal possession of a controlled substance in the first degree when he or she 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 eight ounces or more; or 2. methadone and said methadone weighs five thousand seven hundred sixty milligrams or more. Criminal possession of a controlled substance in the first degree is a class A-I felony.Read the full section at the New York State SenateIn everyday language
This offense has two alternatives: knowing and unlawful possession of preparations containing a narcotic drug with a combined weight of at least eight ounces, or methadone weighing at least 5,760 milligrams. Neither alternative expressly requires intent to sell or a prior conviction.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecution must prove beyond a reasonable doubt that the person accused knowingly and unlawfully possessed the specified substance and satisfied either of the following alternatives. The alternatives are not cumulative.
- Subdivision 1: One or more preparations, compounds, mixtures, or substances containing a narcotic drug, with a combined weight of at least eight ounces.
- Subdivision 2: Methadone weighing at least 5,760 milligrams.
- The first alternative uses the combined weight of the preparations, compounds, mixtures, or substances containing a narcotic drug; the second specifies the weight of methadone.
- Neither alternative expressly requires intent to sell or a prior conviction.
Defenses that commonly apply
- What evidence establishes that the person accused knowingly possessed the substance and that the possession was unlawful?
- Do the testing records establish a narcotic drug in the preparations or identify the substance as methadone, as required by the alleged alternative?
- Do reliable weight measurements establish at least eight ounces of the narcotic-containing preparations or at least 5,760 milligrams of methadone under the alternative alleged?
Penalties and collateral consequences
A Class A-I Felony carries a maximum sentence of up to life and a fine of up to $5,000.
Common questions about your defense
Can an amount below the statutory weight support a defense to first-degree possession?
If the prosecution cannot establish the weight required by the alleged alternative, that may support a defense to this first-degree charge. The statute requires either at least eight ounces in combined weight of preparations, compounds, mixtures, or substances containing a narcotic drug, or at least 5,760 milligrams of methadone, and these are alternatives rather than cumulative requirements. The prosecution must prove knowing and unlawful possession and every requirement of the applicable alternative beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
PL 220.18 · Class A-II Felony
PL 220.31 · Class D Felony
PL 220.34 · Class C Felony
PL 220.39 · Class B Felony
PL 220.41 · Class A-II Felony
PL 220.43 · Class A-I Felony
PL 220.50 · Class A Misdemeanor
PL 220.03 · Class A Misdemeanor