PL 220.39 · Article 220
Criminal Sale of a Controlled Substance in the Third Degree
This offense has alternative routes based on the substance sold, specified weights, a specified prior conviction, or the buyer's age. Every route requires a knowing and unlawful sale, but not every route requires a minimum weight or a prior conviction.
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492Definition under New York law
PL 220.39 · Original statutory wording; excerpts must be read together with the full section.
§ 220.39 Criminal sale of a controlled substance in the third degree.A person is guilty of criminal sale of a controlled substance in thethird degree when he knowingly and unlawfully sells:1. a narcotic drug; or2. a stimulant, hallucinogen, hallucinogenic substance, or lysergicacid diethylamide and has previously been convicted of an offensedefined in article two hundred twenty or the attempt or conspiracy tocommit any such offense; or3. a stimulant and the stimulant weighs one gram or more; or4. lysergic acid diethylamide and the lysergic acid diethylamideweighs one milligram or more; or5. a hallucinogen and the hallucinogen weighs twenty-five milligramsor more; or6. a hallucinogenic substance and the hallucinogenic substance weighsone gram or more; or7. 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-eighth ounce or more; or8. phencyclidine and the phencyclidine weighs two hundred fiftymilligrams or more; or9. a narcotic preparation to a person less than twenty-one years old.Criminal sale of a controlled substance in the third degree is a classB felony.Read the full section at the New York State SenateIn everyday language
This offense has alternative routes based on the substance sold, specified weights, a specified prior conviction, or the buyer's age. Every route requires a knowing and unlawful sale, but not every route requires a minimum weight 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 prosecutor must prove beyond a reasonable doubt that the person accused knowingly and unlawfully sold a substance meeting at least one of the following alternatives; these alternatives are not cumulative.
- A narcotic drug.
- A stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide, together with a prior conviction for an article 220 offense or an attempt or conspiracy to commit such an offense.
- A stimulant weighing at least one gram.
- Lysergic acid diethylamide weighing at least one milligram.
- A hallucinogen weighing at least twenty-five milligrams.
- A hallucinogenic substance weighing at least one gram.
- Preparations, compounds, mixtures, or substances containing methamphetamine, its salts, isomers, or salts of isomers, with an aggregate weight of at least one-eighth ounce.
- Phencyclidine weighing at least two hundred fifty milligrams.
- A narcotic preparation sold to a person younger than twenty-one.
Defenses that commonly apply
- What evidence establishes that the person accused knowingly and unlawfully made the alleged sale?
- Does the substance identification and, where required, weight measurement support the alleged alternative?
- Where the allegation depends on a prior conviction or the buyer being younger than twenty-one, do reliable records establish that fact?
Penalties and collateral consequences
A Class B Felony carries a maximum sentence of up to 25 years and a fine of up to $5,000.
Common questions about your defense
Does the absence of a prior conviction defeat a third-degree sale allegation?
A specified prior conviction is required for subdivision 2, but not for the other listed alternatives. If that is the route alleged and the qualifying conviction cannot be established, the person accused may challenge that element. Another alternative could still apply if the prosecutor proves all of its 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 220.34 · Class C 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
PL 220.06 · Class D Felony
PL 220.09 · Class C Felony
PL 220.16 · Class B Felony