N.Y. Penal Law Section 220.16
Criminal possession of a controlled substance in the third degree

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

1.

a narcotic drug with intent to sell it; or

2.

a stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide, with intent to sell it and has previously been con- victed of an offense defined in article two hundred twenty or the attempt or conspiracy to commit any such offense; or

3.

a stimulant with intent to sell it and said stimulant weighs one gram or more; or

4.

lysergic acid diethylamide with intent to sell it and said lysergic acid diethylamide weighs one milligram or more; or

5.

a hallucinogen with intent to sell it and said hallucinogen weighs twenty-five milligrams or more; or

6.

a hallucinogenic substance with intent to sell it and said hallucinogenic substance weighs one gram or more; or

7.

one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers with intent to sell it and said preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more; or

8.

a stimulant and said stimulant weighs five grams or more; or

9.

lysergic acid diethylamide and said lysergic acid diethylamide weighs five milligrams or more; or

10.

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

11.

a hallucinogenic substance and said hallucinogenic substance weighs five grams or more; or

12.

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-half ounce or more; or

13.

phencyclidine and said phencyclidine weighs one thousand two hundred fifty milligrams or more. Criminal possession of a controlled substance in the third degree is a class B felony.

Source: Section 220.16 — Criminal possession of a controlled substance in the third degree, https://www.­nysenate.­gov/legislation/laws/PEN/220.­16 (updated Sep. 22, 2014; accessed Jun. 21, 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:
Jun. 21, 2025

Last modified:
Sep. 22, 2014

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

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