Criminal possession of a controlled substance in the fourth degree

§ 220.09 Criminal possession of a controlled substance in the fourth

degree.

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

1. 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-eighth ounce or more; or

2. one or more preparations, compounds, mixtures or substances
containing methamphetamine, its salts, isomers or salts of isomers and
said preparations, compounds, mixtures or substances are of an aggregate
weight of one-half ounce or more; or

3. 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 two ounces or more;
or

4. a stimulant and said stimulant weighs one gram or more; or

5. lysergic acid diethylamide and said lysergic acid diethylamide
weighs one milligram or more; or

6. a hallucinogen and said hallucinogen weighs twenty-five milligrams
or more; or

7. a hallucinogenic substance and said hallucinogenic substance weighs
one gram or more; or

8. a dangerous depressant and such dangerous depressant weighs ten
ounces or more; or

9. a depressant and such depressant weighs two pounds or more; or

11. phencyclidine and said phencyclidine weighs two hundred fifty
milligrams or more; or

12. methadone and said methadone weighs three hundred sixty milligrams
or more; or

13. phencyclidine and said phencyclidine weighs fifty milligrams or
more with intent to sell it and has previously been convicted of an
offense defined in this article or the attempt or conspiracy to commit
any such offense; or

14. ketamine and said ketamine weighs four thousand milligrams or
more; or

15. 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 two hundred grams or more.

Criminal possession of a controlled substance in the fourth degree is
a class C felony.

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