The penalty for a drug possession conviction in the state of New York varies depending on the type and quantity of the illegal controlled substance at issue.
The offender’s past criminal record, immigration status and whether or not they intended to sell their substances can also affect how severe their sentence may be if they’re convicted. As a result, sentences for drug possession in New York can range from fines and probation to lengthy prison terms.
Drug crime classifications
In the state of New York, crimes are classified (in increasing severity) as violations, misdemeanors or felonies. These categories are further divided into sub-classes that indicate the severity of the crime within their category. The classification of a drug possession crime as a violation, misdemeanor or felony is based on the type and quantity of the drug in question.
The state of New York divides controlled substances into five “schedules”. Schedule V drugs have the most medical value and the lowest potential for abuse. Schedule I drugs are the most dangerous and generally have no recognized medical value and the highest probability of abuse. Penalties for the possession of controlled substances are more severe if the substances are classified under a more serious schedule.
The possession of small amounts of certain controlled substances can lead to misdemeanor charges of varying class levels. Individuals with a misdemeanor conviction for drug possession can face up to a year in prison and up to a $1000 fine. The possession of larger quantities of certain controlled substances or the possession of drugs with the intent to distribute can result in felony charges of varying class levels. The sentences for drug possession felonies can range from one year in prison to life in prison.
If you or someone you know is facing a drug possession charge, seeking personal legal guidance is generally wise. Because the stakes of a drug possession charge vary so widely based on any particular defendant’s circumstances, it is important to seek informed assistance before committing to any particular kind of legal strategy. While jail time is a possibility for those who have been accused of drug possession, it is not an inevitability. A strong criminal defense legal strategy can potentially help a defendant to avoid jail time altogether.
