PL 220.03 · Article 220
Criminal Possession of a Controlled Substance in the Seventh Degree
This offense concerns knowing and unlawful possession of a controlled substance, without an express minimum weight or intent-to-sell requirement. The section excludes residual amounts in or on a hypodermic syringe or needle and possession discovered through seeking qualifying immediate medical care for oneself or another person.
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492Definition under New York law
PL 220.03 · Original statutory wording; excerpts must be read together with the full section.
§ 220.03 Criminal possession of a controlled substance in the seventh degree.A person is guilty of criminal possession of a controlled substance inthe seventh degree when he or she knowingly and unlawfully possesses acontrolled substance; provided, however, that it shall not be aviolation of this section when a person possesses a residual amount of acontrolled substance and that residual amount is in or on a hypodermicsyringe or hypodermic needle; nor shall it be a violation of thissection when a person's unlawful possession of a controlled substance isdiscovered as a result of seeking immediate health care as defined inparagraph (b) of subdivision three of section 220.78 of this article,for either another person or him or herself because such person isexperiencing a drug or alcohol overdose or other life threateningmedical emergency as defined in paragraph (a) of subdivision three ofsection 220.78 of this article.Criminal possession of a controlled substance in the seventh degree isa class A misdemeanor.Read the full section at the New York State SenateIn everyday language
This offense concerns knowing and unlawful possession of a controlled substance, without an express minimum weight or intent-to-sell requirement. The section excludes residual amounts in or on a hypodermic syringe or needle and possession discovered through seeking qualifying immediate medical care for oneself or another person.
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 a controlled substance.
- The section specifies no minimum weight and does not require intent to sell.
- The section does not apply to a residual amount of a controlled substance in or on a hypodermic syringe or needle.
- The section also does not apply when unlawful possession is discovered as a result of seeking immediate health care, as defined in section 220.78(3)(b), for oneself or another person experiencing a drug or alcohol overdose or another life-threatening medical emergency as defined in section 220.78(3)(a).
- These two exclusions are alternatives, not cumulative requirements: either applicable exclusion makes the conduct outside this section.
Defenses that commonly apply
- What evidence establishes that the person accused knowingly possessed the substance and that the possession was unlawful?
- Was the substance only a residual amount in or on a hypodermic syringe or needle?
- Was the possession discovered as a result of seeking immediate health care for oneself or another person under the medical-emergency definitions referenced in the statute?
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to $1,000.
Common questions about your defense
Can seeking emergency medical help exclude possession from this seventh-degree offense?
The section excludes unlawful possession discovered as a result of seeking qualifying immediate health care for oneself or another person experiencing a drug or alcohol overdose or another life-threatening medical emergency. If the circumstances meet the definitions referenced in section 220.78, that exclusion may provide a basis to contest this charge. The prosecution must prove the criminal offense beyond a reasonable doubt, and whether the exclusion applies depends on the facts of the discovery and request for care.
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 205.30 · Class A Misdemeanor
PL 220.06 · Class D Felony
PL 220.50 · Class A Misdemeanor
PL 220.09 · Class C Felony
PL 220.16 · Class B Felony
PL 220.18 · Class A-II Felony
PL 220.21 · Class A-I Felony
PL 220.31 · Class D Felony
Related practice areas
Aggressive, experienced defense for arrests, investigations, and serious charges in Rockland, Orange, and Westchester Counties.
From major felonies to misdemeanors and violations, a former prosecutor in your corner from arraignment to verdict.
Tickets, license suspensions, and DMV hearings — keep points off your record and your license in your pocket.