any amount of a narcotic drug - like cocaine or heroin - or
possessing any amount with the intent to sell it, is a Class B
felony under New York law.
It carries a mandatory prison sentence upon conviction of at least
1-3 years, up to 8 1/3 – 25 years.
sale or possession with the intent to sell other controlled substances,
like Ecstasy or LSD, is a Class D felony.
A person convicted of these crimes can be placed on probation, sent
to county jail, or to state prison for up to 2 1/3 – 7 years for each
or possession of marijuana is also a crime.
Possessing or selling even a small amount is a misdemeanor, and
selling over 25 grams (which is a little less than an ounce) is a felony.
four ounces or more of a narcotic drug – like cocaine or heroin – or
selling at least two ounces of it is punished as severely as Murder in
It is a Class A1 felony, with a mandatory state prison sentence of
at least 15 years to Life, up to 25 years to Life.
law also prohibits reducing an A1 felony Drug Felony Indictment more than
Therefore, the lowest plea reduction permitted under the law is to
an A2 Drug Felony, which carries mandatory prison of at least 3 years to
Life, up to 8 1/3 to Life.
consequences of dealing in these drugs is very serious.
Your age does not matter much.
If you are 16 or over, you will be prosecuted as an adult in County
your 19th birthday, it is possible – but not required – for
the Judge to give you Youthful Offender Status so that you do not have a
the crime is committed after your 19th birthday, however, you
will live the rest of your life with a felony conviction.
New York does not have a procedure to expunge convictions
later if you keep a clean record.
New York law, it is a criminal sale to share or give away even
small amounts of marijuana or other drugs. It is not necessary that
the "buyer" pay money for the drugs. [Penal Law 220.00 -
drugs are found in a car or truck, everyone in the vehicle can be arrested
for possessing it. [Penal Law 220.25 - "presumption."]
Even if you are not using drugs yourself, if
you hang out at a place with others for the purpose of using or possessing
drugs, it is the crime of Loitering 1st Degree [Penal Law
who lets others gather at their house for the purpose of using drugs or
engaging in other illegal conduct can be arrested for Criminal Nuisance.
If you obtain a benefit from this unlawful conduct, such as receiving
drugs or money, then the crime is a felony [Penal Law 240.45 and
someone under the age of 18 to be at a place where there is drug activity
is the crime of Unlawfully Dealing with a Child 1st Degree [Penal
acting in a manner likely to be injurious to a child under 17 years old
amounts to the crime of Endangering the Welfare of a Child [Penal
Law 260.10]. Both this charge and Unlawfully Dealing can
apply to someone who is 16 or 17 years old, as well as a parent, guardian
or older adult.
Learn the dangers
of "club drugs" from the
National Institute on Drug Abuse