N.Y. Penal Law Section 220.09
Criminal possession of a controlled substance in the fourth degree

A person is guilty of criminal possession of a controlled substance in the fourth degree when he knowingly and unlawfully possesses:

1.

one or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more; or

2.

one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or

3.

one or more preparations, compounds, mixtures or substances containing a narcotic preparation and said preparations, compounds, mixtures or substances are of an aggregate weight of two ounces or more; or

4.

a stimulant and said stimulant weighs one gram or more; or

5.

lysergic acid diethylamide and said lysergic acid diethylamide weighs one milligram or more; or

6.

a hallucinogen and said hallucinogen weighs twenty-five milligrams or more; or

7.

a hallucinogenic substance and said hallucinogenic substance weighs one gram or more; or

8.

a dangerous depressant and such dangerous depressant weighs ten ounces or more; or

9.

a depressant and such depressant weighs two pounds or more; or

11.

phencyclidine and said phencyclidine weighs two hundred fifty milligrams or more; or

12.

methadone and said methadone weighs three hundred sixty milligrams or more; or

13.

phencyclidine and said phencyclidine weighs fifty milligrams or more with intent to sell it and has previously been convicted of an offense defined in this article or the attempt or conspiracy to commit any such offense; or

14.

ketamine and said ketamine weighs four thousand milligrams or more; or

15.

one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid, as defined in paragraph four of subdivision (e) of schedule I of Public Health Law § 3306 (Schedules of controlled substances)section thirty-three hundred six of the public health law, and said preparations, compounds, mixtures or substances are of an aggregate weight of two hundred grams or more. Criminal possession of a controlled substance in the fourth degree is a class C felony.

Source: Section 220.09 — Criminal possession of a controlled substance in the fourth degree, https://www.­nysenate.­gov/legislation/laws/PEN/220.­09 (updated Apr. 2, 2021; accessed Nov. 1, 2025).

220.00
Controlled substances 220.03
Criminal possession of a controlled substance in the seventh degree 220.06
Criminal possession of a controlled substance in the fifth degree 220.09
Criminal possession of a controlled substance in the fourth degree 220.16
Criminal possession of a controlled substance in the third degree 220.18
Criminal possession of a controlled substance in the second degree 220.21
Criminal possession of a controlled substance in the first degree 220.25
Criminal possession of a controlled substance 220.28
Use of a child to commit a controlled substance offense 220.31
Criminal sale of a controlled substance in the fifth degree 220.34
Criminal sale of a controlled substance in the fourth degree 220.39
Criminal sale of a controlled substance in the third degree 220.41
Criminal sale of a controlled substance in the second degree 220.43
Criminal sale of a controlled substance in the first degree 220.44
Criminal sale of a controlled substance in or near school grounds 220.46
Criminal injection of a narcotic drug 220.48
Criminal sale of a controlled substance to a child 220.50
Criminally using drug paraphernalia in the second degree 220.55
Criminally using drug paraphernalia in the first degree 220.60
Criminal possession of precursors of controlled substances 220.65
Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist 220.70
Criminal possession of methamphetamine manufacturing material in the second degree 220.71
Criminal possession of methamphetamine manufacturing material in the first degree 220.72
Criminal possession of precursors of methamphetamine 220.73
Unlawful manufacture of methamphetamine in the third degree 220.74
Unlawful manufacture of methamphetamine in the second degree 220.75
Unlawful manufacture of methamphetamine in the first degree 220.76
Unlawful disposal of methamphetamine laboratory material 220.77
Operating as a major trafficker 220.78
Witness or victim of drug or alcohol overdose
Green check means up to date. Up to date

Verified:
Nov. 1, 2025

Last modified:
Apr. 2, 2021

§ 220.09. Crim. possession of a controlled substance in the fourth degree's source at nysenate​.gov

Link Style