PL 220.41 · Article 220
Criminal Sale of a Controlled Substance in the Second Degree
This section concerns knowing and unlawful sales meeting one of seven substance-and-weight alternatives. For the narcotic-drug and methamphetamine alternatives, the stated threshold concerns the aggregate weight of the qualifying preparations, compounds, mixtures, or substances.
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492Definition under New York law
PL 220.41 · Original statutory wording; excerpts must be read together with the full section.
§ 220.41 Criminal sale of a controlled substance in the second degree.A person is guilty of criminal sale of a controlled substance in thesecond degree when he knowingly and unlawfully sells:1. one or more preparations, compounds, mixtures or substancescontaining a narcotic drug and the preparations, compounds, mixtures orsubstances are of an aggregate weight of one-half ounce or more; or2. one or more preparations, compounds, mixtures or substancescontaining methamphetamine, its salts, isomers or salts of isomers andthe preparations, compounds, mixtures or substances are of an aggregateweight of one-half ounce or more; or3. a stimulant and the stimulant weighs five grams or more; or4. lysergic acid diethylamide and the lysergic acid diethylamideweighs five milligrams or more; or5. a hallucinogen and the hallucinogen weighs one hundred twenty-fivemilligrams or more; or6. a hallucinogenic substance and the hallucinogenic substance weighsfive grams or more; or7. methadone and the methadone weighs three hundred sixty milligramsor more.Criminal sale of a controlled substance in the second degree is aclass A-II felony.Read the full section at the New York State SenateIn everyday language
This section concerns knowing and unlawful sales meeting one of seven substance-and-weight alternatives. For the narcotic-drug and methamphetamine alternatives, the stated threshold concerns the aggregate weight of the qualifying preparations, compounds, mixtures, or substances.
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 prosecutor must prove beyond a reasonable doubt a knowing and unlawful sale by the person accused satisfying at least one of the following alternatives; they are alternatives, not cumulative requirements.
- Preparations, compounds, mixtures, or substances containing a narcotic drug, with an aggregate weight of at least one-half ounce.
- Preparations, compounds, mixtures, or substances containing methamphetamine, its salts, isomers, or salts of isomers, with an aggregate weight of at least one-half ounce.
- A stimulant weighing at least five grams.
- Lysergic acid diethylamide weighing at least five milligrams.
- A hallucinogen weighing at least one hundred twenty-five milligrams.
- A hallucinogenic substance weighing at least five grams.
- Methadone weighing at least three hundred sixty milligrams.
Defenses that commonly apply
- What evidence links the person accused to a knowing and unlawful sale?
- Does testing establish the specific substance category required by the alleged alternative?
- Do reliable measurements establish the applicable threshold using the weight basis 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 weight dispute support a defense to second-degree sale?
Each listed alternative requires its own minimum weight. If reliable evidence does not establish the applicable threshold, the person accused may challenge that alternative, while recognizing that the narcotic-drug and methamphetamine routes use aggregate preparation or mixture weight. The prosecutor must prove the applicable weight and all other required elements 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 220.39 · Class B Felony
PL 220.43 · Class A-I Felony
PL 220.50 · Class A Misdemeanor
PL 220.03 · Class A Misdemeanor
PL 220.06 · Class D Felony
PL 220.09 · Class C Felony
PL 220.16 · Class B Felony
PL 220.18 · Class A-II Felony