New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 220.16 Criminal possession of a controlled substance in the third
degree.
A person is guilty of criminal possession of a controlled substance in
the third degree when he knowingly and unlawfully possesses:
1. a narcotic drug with intent to sell it; or
2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic
acid diethylamide, with intent to sell it and has previously been con-
victed of an offense defined in article two hundred twenty or the
attempt or conspiracy to commit any such offense; or
3. a stimulant with intent to sell it and said stimulant weighs one
gram or more; or
4. lysergic acid diethylamide with intent to sell it and said
lysergic acid diethylamide weighs one milligram or more; or
5. a hallucinogen with intent to sell it and said hallucinogen weighs
twenty-five milligrams or more; or
6. a hallucinogenic substance with intent to sell it and said
hallucinogenic substance weighs one gram or more; or
7. one or more preparations, compounds, mixtures or substances
containing methamphetamine, its salts, isomers or salts of isomers with
intent to sell it and said preparations, compounds, mixtures or
substances are of an aggregate weight of one-eighth ounce or more; or
8. a stimulant and said stimulant weighs five grams or more; or
9. lysergic acid diethylamide and said lysergic acid diethylamide
weighs five milligrams or more; or
10. a hallucinogen and said hallucinogen weighs one hundred
twenty-five milligrams or more; or
11. a hallucinogenic substance and said hallucinogenic substance
weighs five grams or more; or
12. 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-half ounce or more; or
13. phencyclidine and said phencyclidine weighs one thousand two
hundred fifty milligrams or more.
Criminal possession of a controlled substance in the third degree is a
class B felony.
