New York Penal Law Article 220 is the state’s controlled substance statute. It defines drug crimes at thirteen distinct levels, covering possession, sale, and large-scale trafficking of every controlled substance except cannabis, which is now handled under Article 222. Charges range from a class A misdemeanor for simple possession of any amount to a class A-I felony carrying up to life in prison for high-weight possession, high-weight sales, and operating as a major trafficker.
What Counts as a Controlled Substance
Article 220 borrows its substance list from section 3306 of the New York Public Health Law, which places drugs in schedules I through V based on abuse potential and medical use. Schedule I covers substances with high abuse potential and no accepted medical use, including certain opiates and hallucinogens. Schedule II includes cocaine, fentanyl, oxycodone, methamphetamine, and amphetamine. Schedules III through V contain substances with progressively lower abuse potential.
Two defined terms carry much of the weight in the statute. A “narcotic drug” is a controlled substance from specific subcategories of schedules I and II, excluding methadone. A “narcotic preparation” sits in certain subcategories of schedules II and III. “Sell” is defined broadly: to sell, exchange, give, or dispose of a substance, or to offer or agree to do so. “Unlawfully” means in violation of Article 33 of the Public Health Law, which governs the lawful manufacture, distribution, and dispensing of controlled substances.
Possession Charges and Weight Thresholds
Article 220 defines seven degrees of criminal possession. The degree depends on what substance is involved, how much of it, and in some cases whether the person intended to sell it.
Seventh Degree (Section 220.03)
The lowest charge is a class A misdemeanor. It applies to knowing, unlawful possession of any controlled substance in any amount. Two situations are carved out: a residual amount in or on a hypodermic syringe or needle, and possession discovered because the person sought emergency medical care for a drug or alcohol overdose.
Fifth Degree (Section 220.06)
A class D felony. It covers possession of any controlled substance with intent to sell, and possession of specific substances above threshold weights: a half-ounce or more of a narcotic preparation, 500 milligrams or more of cocaine, 50 milligrams or more of PCP, more than 1,000 milligrams of ketamine, or 28 grams or more of GHB. Possessing any amount of ketamine after a prior ketamine conviction also lands here.
Fourth Degree (Section 220.09)
A class C felony. Triggers include an eighth of an ounce or more of a narcotic drug, a half-ounce or more of methamphetamine, 2 ounces or more of a narcotic preparation, 1 gram or more of a stimulant, 1 milligram or more of LSD, 25 milligrams or more of a hallucinogen, 250 milligrams or more of PCP, 360 milligrams or more of methadone, 4,000 milligrams or more of ketamine, and 200 grams or more of GHB.
Third Degree (Section 220.16)
A class B felony with two branches. The first covers possession with intent to sell at certain thresholds, such as 1 gram or more of a stimulant or an eighth of an ounce or more of methamphetamine with intent to sell. The second covers possession of larger quantities regardless of intent, including a half-ounce or more of a narcotic drug, 5 grams or more of a stimulant, 5 milligrams or more of LSD, or 1,250 milligrams or more of PCP.
Second Degree (Section 220.18)
A class A-II felony. It requires 4 ounces or more of a narcotic drug, 2 ounces or more of methamphetamine, 10 grams or more of a stimulant, 25 milligrams or more of LSD, 625 milligrams or more of a hallucinogen, 25 grams or more of a hallucinogenic substance, or 2,880 milligrams or more of methadone.
First Degree (Section 220.21)
The top possession charge, a class A-I felony. It applies to 8 ounces or more of a narcotic drug or 5,760 milligrams or more of methadone.
Sale Charges and Weight Thresholds
Article 220 defines five degrees of criminal sale, plus enhanced offenses for sales near schools and to children. Weight is measured on an “aggregate weight” basis, meaning the total weight of the substance containing the drug, not the pure drug alone.
Fifth Degree (Section 220.31)
A class D felony. Knowingly and unlawfully selling any controlled substance in any amount. The prosecution must prove the defendant sold a substance, knew what it was, and had no legal right to sell it.
Fourth and Third Degree (Sections 220.34 and 220.39)
The fourth degree covers sales of dangerous depressants, ketamine, and GHB above specified thresholds. Third degree is a class B felony and reaches further: it covers any sale of a narcotic drug regardless of amount, as well as sales of 1 gram or more of a stimulant, 1 milligram or more of LSD, an eighth of an ounce or more of methamphetamine, 250 milligrams or more of PCP, or a narcotic preparation to a person under 21.
Second Degree (Section 220.41)
A class A-II felony. Triggers include a half-ounce or more of a narcotic drug or methamphetamine, 5 grams or more of a stimulant, 5 milligrams or more of LSD, 125 milligrams or more of a hallucinogen, 5 grams or more of a hallucinogenic substance, or 360 milligrams or more of methadone.
First Degree (Section 220.43)
A class A-I felony. It requires 2 ounces or more of a narcotic drug or 2,880 milligrams or more of methadone.
Sales Near Schools and to Children
Section 220.44 makes it a class B felony to sell a controlled substance on school grounds, on a school bus, or on the grounds of a child day care or educational facility. The “grounds” of a child care facility reach any publicly accessible area within 1,000 feet of the property boundary, including sidewalks, streets, parks, and parked vehicles. If notice of the facility’s proximity is conspicuously posted, knowledge of it is presumed, subject to rebuttal. Section 220.48 separately addresses sales to children.
Operating as a Major Trafficker
Section 220.77 is a class A-I felony aimed at high-level drug operations. A person can be convicted three ways: by acting as a director of an organization that sells $75,000 or more of controlled substances within twelve months; by knowingly selling narcotic drugs on one or more occasions within six months with total proceeds of $75,000 or more; or by possessing narcotic drugs with intent to sell, on one or more occasions within six months, with a total value of $75,000 or more.
What the Sentences Look Like
Penalties follow New York’s standard felony structure. A class A-I felony carries a maximum of life in prison with a minimum of 15 to 25 years. A class A-II felony carries a minimum ranging from 3 to 8 years and 4 months. Class B felonies carry up to 25 years, class C up to 15, class D up to 7, and class E up to 4. For class D and E felonies, a judge may impose a definite sentence of one year or less if an indeterminate sentence would be unduly harsh, provided the defendant is not a second or persistent felony offender.
The 2009 reforms that dismantled much of the Rockefeller-era structure removed mandatory minimum prison sentences for class B drug felonies, dropped the minimum for second-offense class B drug convictions from three and a half years to two, and eliminated mandatory minimums for class C, D, and E drug felonies.
When Possession Can Be Pinned on More Than One Person
Section 220.25 gives prosecutors two presumptions that extend possession beyond whoever was physically holding the drugs.
The automobile presumption says that when a controlled substance is found in a vehicle other than a public bus, every person in the vehicle at the time is presumed to possess it knowingly. It does not apply if the substance is concealed on one occupant’s person, if a licensed driver-for-hire is operating the vehicle in the course of business, or if one occupant is lawfully authorized to possess the substance and it remains in its original container.
The room presumption applies when a narcotic drug, narcotic preparation, or PCP is found in open view in a non-public room under circumstances suggesting preparation for sale. Everyone in close proximity is presumed to possess it knowingly, with similar exceptions. Both presumptions are permissive: a jury may draw the inference but is not required to.
Good Samaritan Immunity During an Overdose
Section 220.78 shields people who seek emergency medical help during an overdose. A witness who calls for help on behalf of someone overdosing, or the person overdosing, cannot be charged with possession of controlled substances, cannabis, drug paraphernalia, or underage alcohol or cannabis possession stemming from that incident. An “overdose” is defined as an acute condition from substance consumption where a reasonable layperson would believe medical attention is necessary.
The immunity has edges. It does not reach class A-I felonies, so possession of 8 ounces or more of a narcotic drug remains chargeable even in an overdose scenario. Sales offenses are excluded when the sale was for consideration, benefit, or gain. Evidence can still be seized, other crimes can still be charged, and the shield does not block the use of that evidence against other defendants who do not independently qualify.
Treatment Instead of Prison
The 2009 reforms created a judicial diversion program for defendants charged with class B through E drug felonies. It works on a deferred-sentencing model: the defendant pleads guilty, enters court-supervised treatment, and if treatment is completed successfully the charges can be dismissed. Before 2009, a judge could not send a defendant to treatment without the prosecutor’s agreement, which left diversion effectively in the hands of district attorneys. The reforms removed the consent requirement.
An older program, the Drug Treatment Alternative to Prison created by the Kings County District Attorney’s Office in Brooklyn, targets drug-addicted repeat felony offenders facing prison. Participants plead guilty, have sentences deferred, and complete 15 to 24 months of residential treatment; successful completion allows the plea to be withdrawn and the case dismissed.
What Prosecutors Have to Prove
For possession above the seventh degree, prosecutors must show the defendant knowingly possessed a controlled substance at or above the statutory weight threshold for the charged degree. Since June 10, 1995, they do not have to prove the defendant knew the weight of the substance. That change overrode the earlier requirement set by the Court of Appeals in People v. Ryan (1993). A person can now be convicted of a weight-based possession charge without knowing how much they had.
For sale offenses, the prosecution must prove a knowing, unlawful sale. Because “sell” includes offers and agreements, a completed hand-to-hand transaction is not required, but the defendant must have had both the intent and the ability to carry out the sale when the agreement was made.
Cannabis Is No Longer Here
The 2021 Marihuana Regulation and Taxation Act pulled cannabis out of Article 220. The act repealed the marijuana-related definition in section 220.00, the marijuana possession threshold in section 220.06, and related provisions in sections 220.09 and 220.34, along with the entire former Article 221. Cannabis use and unlicensed cannabis sales are now governed by Article 222, not Article 220.