New York Drug Laws Sentencing Chart: Penalties, Fines, and Supervision

New York’s drug sentencing chart runs from a Class A misdemeanor, punishable by up to one year in jail for possessing any amount of a controlled substance, up to a Class A-I felony carrying 8 to 20 years in prison for a first-time offender. Prior felony convictions push every range higher, and a defendant classified as a persistent felony offender can face life imprisonment even on a low-level drug charge. All felony drug sentences are determinate, meaning the judge sets a single fixed prison term within the statutory range.

Prison Sentence Ranges by Felony Class

New York law creates three sentencing tracks based on criminal history: first felony drug offenders, second felony offenders with a nonviolent prior, and second felony offenders with a violent prior. The ranges below are the statutory minimums and maximums for each combination.

First-Time Drug Felony Offenders

Prison is mandatory only at the Class A level. For Class B through E felonies, a first-time offender is eligible for probation, a definite jail term of a year or less in a county facility, or diversion into substance abuse treatment.

Second Felony Drug Offenders With a Nonviolent Prior

Second Felony Drug Offenders With a Violent Prior

The distance between tracks is significant. A first-time offender convicted of a Class A-I drug felony faces up to 20 years. The same charge with a violent predicate felony carries up to 30.

Fines by Felony Class

Fines run alongside prison time, not in place of it. New York sets specific maximums for drug convictions:3New York State Senate. New York Penal Code 80.00 – Fine for Felony

  • Class A-I felony: up to $100,000
  • Class A-II felony: up to $50,000
  • Class B felony: up to $30,000
  • Class C felony: up to $15,000

Class D and E drug felonies fall under the general felony fine cap of $5,000 or double the defendant’s gain from the offense, whichever is higher. The judge has discretion over the amount actually imposed.

Mandatory Post-Release Supervision

Every determinate drug felony sentence carries a period of post-release supervision (PRS) that starts the day you leave prison. PRS works like parole: conditions, check-ins, and the possibility of being returned to prison for violations.4New York State Senate. New York Penal Code 70.45 – Determinate Sentence Post-Release Supervision

For first-time drug felony offenders, PRS runs one year for Class D and E felonies and one to two years for Class B and C. For second felony drug offenders, it runs one to two years for Class D and E, and one and a half to three years for Class B and C. Class A drug felonies carry five years of PRS. The judge has no discretion to skip it.

What Determines the Degree of Your Charge

The felony class on the chart above comes from the degree of the possession or sale charge, which in turn depends on the substance, its weight, and sometimes whether there is evidence of intent to sell.

Possession Charges

Possessing any amount of a controlled substance is Criminal Possession in the Seventh Degree, a Class A misdemeanor.5New York State Senate. New York Penal Code 220.03 – Criminal Possession of a Controlled Substance in the Seventh Degree The charge becomes a Class D felony (Fifth Degree) with intent to sell or when weight crosses a specific line: half an ounce of a narcotic preparation, 500 milligrams of cocaine, or 50 milligrams of PCP, among others.6New York State Senate. New York Penal Code 220.06 – Criminal Possession of a Controlled Substance in the Fifth Degree

Fourth Degree possession is a Class C felony, triggered at an eighth of an ounce of a narcotic drug, one gram of a stimulant, one milligram of LSD, or 250 milligrams of PCP.7New York State Senate. New York Penal Code 220.09 – Criminal Possession of a Controlled Substance in the Fourth Degree Third Degree, a Class B felony, kicks in at half an ounce of a narcotic drug, five grams of a stimulant, or five milligrams of LSD, and covers smaller amounts combined with intent to sell.8New York State Senate. New York Penal Code 220.16 – Criminal Possession of a Controlled Substance in the Third Degree

Second Degree possession is a Class A-II felony, requiring four ounces of a narcotic drug or ten grams of a stimulant.9New York State Senate. New York Penal Code 220.18 – Criminal Possession of a Controlled Substance in the Second Degree First Degree, the most serious drug charge in the state, is a Class A-I felony requiring eight ounces of a narcotic drug or 5,760 milligrams of methadone.10New York State Senate. New York Penal Code 220.21 – Criminal Possession of a Controlled Substance in the First Degree

Sale Charges

Selling any amount of a controlled substance is Criminal Sale in the Fifth Degree, a Class D felony.11New York State Senate. New York Penal Code 220.31 – Criminal Sale of a Controlled Substance in the Fifth Degree Even a small hand-to-hand transaction is a felony.

Third Degree sale is a Class B felony. It covers the sale of any amount of a narcotic drug (heroin, fentanyl, cocaine base), one gram of a stimulant, one milligram of LSD, or 250 milligrams of PCP. Selling a narcotic preparation to someone under 21 also qualifies regardless of amount.12New York State Senate. New York Penal Code 220.39 – Criminal Sale of a Controlled Substance in the Third Degree Second Degree sale is a Class A-II felony at half an ounce of a narcotic drug, five grams of a stimulant, five milligrams of LSD, or 360 milligrams of methadone.13New York State Senate. New York Penal Code 220.41 – Criminal Sale of a Controlled Substance in the Second Degree First Degree sale is a Class A-I felony reserved for the largest quantities.

Cannabis Is Handled Separately

New York legalized recreational cannabis for adults 21 and older through the Marijuana Regulation and Taxation Act in 2021, and cannabis is no longer a controlled substance under Article 220. Cannabis offenses fall under Penal Law Article 222, with far lighter penalties. Possessing more than three ounces of flower (or more than 24 grams of concentrate) is a violation rather than a crime, though possessing more than 16 ounces remains a criminal offense and unlicensed sale is still illegal. The sentencing chart above does not apply to cannabis charges.

How Prior Convictions Are Counted

The court uses a ten-year look-back period to decide whether a prior felony pushes you onto the second-offender track. Time spent incarcerated does not count toward those ten years; the clock pauses while you are in prison.2New York State Senate. New York Penal Code 70.70 – Sentence of Imprisonment for Felony Drug Offender Other Than a Class A Felony If your prior sentence ended eight years ago but you served four years, only four years of the look-back have elapsed.

The prosecutor files a statement establishing your predicate felony status, and you have the right to challenge it before the court finalizes the sentence.

Persistent Felony Offender Exposure

A defendant with two or more prior felony convictions who the court finds requires extended incarceration can be sentenced as a persistent felony offender.14New York State Senate. New York Penal Code 70.10 – Sentence of Imprisonment for Persistent Felony Offender Under this classification, the judge can sentence the current crime as though it were a Class A-I felony regardless of the actual charge, which opens the door to a term of up to life imprisonment. A Class D drug sale that would otherwise cap at 2.5 years for a first-time offender can, for a persistent offender, carry the top A-I range. Courts use this authority sparingly and must state on the record why the defendant’s history and the circumstances warrant it.

Judicial Diversion as an Alternative

Eligible defendants can enter substance abuse treatment instead of prison through New York’s Judicial Diversion program.15New York State Senate. New York Criminal Procedure Law 216.05 – Judicial Diversion Program Court Procedures The request has to come before you plead guilty or go to trial. Approved participants agree to conditions that can include detoxification, residential treatment, outpatient programs, or a combination, and are released on bail or their own recognizance while participating.

Successful completion can result in charges being reduced or dismissed. Failure sends the case back to the original track, and the court can impose the full prison sentence. Diversion is most commonly available for Class B through E drug felonies involving addiction-driven offenses. It is not available for the most serious charges or for defendants whose history makes them ineligible.

Immigration and Other Collateral Consequences

For noncitizens, a drug conviction can trigger deportation under federal immigration law even if the sentence is no prison time at all. Any noncitizen convicted of violating a controlled substance law is deportable, with one narrow exception: a single offense of possessing 30 grams or less of marijuana for personal use.16Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens Every other drug conviction, including misdemeanor possession of any amount of a non-marijuana controlled substance, is grounds for removal.

Drug trafficking offenses are aggravated felonies under federal immigration law, which bars most forms of relief from deportation. A charge that looks minor under state law, like a Fifth Degree sale, can be treated as drug trafficking for immigration purposes. Anyone without citizenship should consult an immigration attorney before accepting a plea.

Federal student aid is no longer at risk. As of July 2023, drug convictions no longer affect eligibility for federal student loans, Pell Grants, or work-study.17Federal Student Aid. Eligibility for Students With Criminal Convictions Public housing is different: federal guidelines require housing authorities to screen applicants for drug-related activity, and tenants evicted for drug offenses face a mandatory three-year readmission ban, with authorities free to impose longer ones. Professional licensing, employment prospects, and firearm ownership can all be affected as well.