Criminal Possession of a Controlled Substance in the Third Degree

Definition under New York law

PL 220.16 · Original statutory wording; excerpts must be read together with the full section.

§ 220.16 Criminal possession of a controlled substance in the third degree.A person is guilty of criminal possession of a controlled substance inthe third degree when he knowingly and unlawfully possesses:1. a narcotic drug with intent to sell it; or2. a stimulant, hallucinogen, hallucinogenic substance, or lysergicacid diethylamide, with intent to sell it and has previously been con-victed of an offense defined in article two hundred twenty or theattempt or conspiracy to commit any such offense; or3. a stimulant with intent to sell it and said stimulant weighs onegram or more; or4. lysergic acid diethylamide with intent to sell it and saidlysergic acid diethylamide weighs one milligram or more; or5. a hallucinogen with intent to sell it and said hallucinogen weighstwenty-five milligrams or more; or6. a hallucinogenic substance with intent to sell it and saidhallucinogenic substance weighs one gram or more; or7. one or more preparations, compounds, mixtures or substancescontaining methamphetamine, its salts, isomers or salts of isomers withintent to sell it and said preparations, compounds, mixtures orsubstances are of an aggregate weight of one-eighth ounce or more; or8. a stimulant and said stimulant weighs five grams or more; or9. lysergic acid diethylamide and said lysergic acid diethylamideweighs five milligrams or more; or10. a hallucinogen and said hallucinogen weighs one hundredtwenty-five milligrams or more; or11. a hallucinogenic substance and said hallucinogenic substanceweighs five grams or more; or12. one or more preparations, compounds, mixtures or substancescontaining a narcotic drug and said preparations, compounds, mixtures orsubstances are of an aggregate weight of one-half ounce or more; or13. phencyclidine and said phencyclidine weighs one thousand twohundred fifty milligrams or more.Criminal possession of a controlled substance in the third degree is aclass B felony.

In everyday language

This offense includes alternatives requiring intent to sell and separate alternatives based on drug type and weight without that intent requirement. One intent-to-sell alternative also requires a qualifying prior conviction, while every alternative requires knowing and unlawful possession.

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.