Criminal possession of a controlled substance in the fifth degree

§ 220.06 Criminal possession of a controlled substance in the fifth

degree.

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

1. a controlled substance with intent to sell it; or

2. 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 one-half ounce or
more; or

3. phencyclidine and said phencyclidine weighs fifty milligrams or
more; or

5. cocaine and said cocaine weighs five hundred milligrams or more.

6. ketamine and said ketamine weighs more than one thousand
milligrams; or

7. ketamine and has previously been convicted of possession or the
attempt to commit possession of ketamine in any amount; or

8. one or more preparations, compounds, mixtures or substances
containing gamma hydroxybutyric acid, as defined in paragraph four of
subdivision (e) of schedule I of section thirty-three hundred six of the
public health law, and said preparations, compounds, mixtures or
substances are of an aggregate weight of twenty-eight grams or more.

Criminal possession of a controlled substance in the fifth degree is a
class D felony.

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