Is drug possession a felony in NY?

Criminal possession of a controlled substance in the third degree is a Class B felony. Class A-II felony. The maximum possible sentence is life in prison and a fine of up to $50,000.

Is it legal to do drugs in New York?

Federal and New York Drug Laws Federal and New York State drug possession laws make it a crime to knowingly own illegal drugs such as marijuana, methamphetamine, cocaine, LSD and heroin. The laws also criminalize the possession of “precursor chemicals” that are used in manufacturing.

What drug is legal in New York?

New Yorkers can now legally possess and use up to three ounces of marijuana for recreational use and up to 24 grams of concentrated cannabis. While up to five pounds of marijuana can be kept at home if secured properly, home cultivation is not currently allowed.

Is drug possession a felony or misdemeanor?

In many cases, drug possession is a felony. However, in some instances, it is charged as a misdemeanor. If the offense is a felony, there are varying degrees it can be charged, which affect the penalties you could face.

Is having Xanax a felony?

Criminal Offenses Associated With Illegal Xanax Possession Because Xanax is a controlled substance, having possession of this drug without a prescription is considered a state-level crime. The category of the crime can range from a misdemeanor to a felony depending on how much Xanax is in a person’s possession.

How much coke is a felony in New York?

An arrest for selling 2 ounces or more of cocaine or a cocaine mixture is classified as criminal sale of a controlled substance in the 1st degree, a Class A-I felony punishable by 8 to 20 years in prison. Second time offenders may face up to 24 years in jail, and previous violent offenders face 15 to 30 years.

What happens when you get a felony drug charge?

What are Felony Drug Charges? Generally speaking, felony drug charges are more serious drug crimes. Under state and federal criminal laws, felony charges typically result in a sentence in prison for greater than one year, along with serious criminal fines.

What is the penalty for having Xanax?

Under California Health and Safety Code Section 11375(b)(1), the illegal possession for sale of Xanax is a misdemeanor crime. If convicted, you face up to 364 days in county jail. Under California Health and Safety Code Section 11375(b)(2), possession of Xanax is a misdemeanor.

What happens if you get caught with Xanax?

Consequences for a misdemeanor may include court fines, probation, and potentially jail time. When a person is caught with larger quantities of Xanax, he or she will likely be charged with a felony. Felony charges can result in more severe consequences, including up to 10 years in prison.

What happens if you get caught with coke in NY?

Under federal law if you have cocaine in your possession, you could face a “simple possession” charge. 21 U.S.C. § 844. For a first conviction, you could face up to 1 year in jail, as well as a minimum fine of $1,000.

Can a felony drug charge be dropped?

Drugs classified as addictive or dangerous fall under felonies. Some felony drug charges can be dismissed under 7411, and offenders may obtain probation and avoid jail time.

How is possession of a controlled substance determined in New York?

Although New York drug possession laws divide controlled-substance and marijuana-related offenses into two separate groups, the elements of the offenses are essentially the same. In order to obtain a conviction for possession of a controlled substance or marijuana, prosecutors must prove, beyond a reasonable doubt, that:

What are the drug laws in New York?

New York Drug Possession Laws. A defendant convicted of a class A-1 felony (possession of 8 or more ounces of substances containing a narcotic drug or 5,760 milligrams of methadone) may be sentenced to a term of 8 to 20 years imprisonment or a fine of $100,000. Convictions of class B to class E felonies range from sentences of a minimum…

What’s the maximum sentence for drug possession in New York?

New York Drug Possession Laws. Convictions of class B to class E felonies range from sentences of a minimum of one year to a maximum of 1.5 to 9 years or fines ranging from $15,000 to $30,000 for class B and class C felonies.

What are the penalties for possession of methadone in New York?

Penalties and Sentences. A defendant convicted of a class A-1 felony (possession of 8 or more ounces of substances containing a narcotic drug or 5,760 milligrams of methadone) may be sentenced to a term of 8 to 20 years imprisonment or a fine of $100,000.