PL 220.18 · Article 220
Criminal Possession of a Controlled Substance in the Second Degree
This offense requires knowing and unlawful possession meeting one of seven drug-and-weight alternatives. Some alternatives measure the combined weight of preparations or mixtures containing a specified drug, while others specify the weight of the named drug or drug category; none expressly requires intent to sell or a prior conviction.
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Text us immediately · (845) 290-2492Definition under New York law
PL 220.18 · Original statutory wording; excerpts must be read together with the full section.
§ 220.18 Criminal possession of a controlled substance in the second degree.A person is guilty of criminal possession of a controlled substance inthe second degree when he or she knowingly and unlawfully possesses:1. one or more preparations, compounds, mixtures or substancescontaining a narcotic drug and said preparations, compounds, mixtures orsubstances are of an aggregate weight of four ounces or more; or2. one or more preparations, compounds, mixtures or substancescontaining methamphetamine, its salts, isomers or salts of isomers andsaid preparations, compounds, mixtures or substances are of an aggregateweight of two ounces or more; or3. a stimulant and said stimulant weighs ten grams or more; or4. lysergic acid diethylamide and said lysergic acid diethylamideweighs twenty-five milligrams or more; or5. a hallucinogen and said hallucinogen weighs six hundred twenty-fivemilligrams or more; or6. a hallucinogenic substance and said hallucinogenic substance weighstwenty-five grams or more; or7. methadone and said methadone weighs two thousand eight hundredeighty milligrams or more.Criminal possession of a controlled substance in the second degree isa class A-II felony.Read the full section at the New York State SenateIn everyday language
This offense requires knowing and unlawful possession meeting one of seven drug-and-weight alternatives. Some alternatives measure the combined weight of preparations or mixtures containing a specified drug, while others specify the weight of the named drug or drug category; none 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 met one of the following alternatives. These 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 four ounces.
- Subdivision 2: One or more preparations, compounds, mixtures, or substances containing methamphetamine, its salts, isomers, or salts of isomers, with a combined weight of at least two ounces.
- Subdivision 3: A stimulant weighing at least ten grams.
- Subdivision 4: Lysergic acid diethylamide weighing at least 25 milligrams.
- Subdivision 5: A hallucinogen weighing at least 625 milligrams.
- Subdivision 6: A hallucinogenic substance weighing at least 25 grams.
- Subdivision 7: Methadone weighing at least 2,880 milligrams.
- No listed alternative expressly requires intent to sell or a prior conviction.
Defenses that commonly apply
- What evidence establishes knowing and unlawful possession by the person accused?
- Do the laboratory findings identify the substance as the drug or drug category required by the alleged alternative?
- Do the weight measurements reach the applicable threshold using the combined preparation weight or named-drug weight specified for that alternative?
Penalties and collateral consequences
A Class A-II Felony carries a maximum sentence of up to life, with a minimum set by statute and a fine of up to $5,000.
Common questions about your defense
Can a dispute about mixture weight support a defense to second-degree possession?
For the narcotic-drug and methamphetamine alternatives, the statute measures the combined weight of preparations, compounds, mixtures, or substances containing the specified drug, rather than only the isolated drug. If the evidence does not establish the required contents or combined weight, that may support a challenge to the alleged alternative, while the other alternatives require the specified weight of the named drug or category. The prosecution must prove knowing and unlawful possession and the applicable substance-and-weight requirements 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 220.16 · Class B Felony
PL 220.21 · Class A-I 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