 |
PL 220.09 Crim. poss. cont.sub. 4th degree |
Class C felony |
Link to CJI2d |
§ 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
10. one or more preparations, compounds, mixtures or substances
containing concentrated cannabis as defined in paragraph (a) of subdivi-
sion five of section thirty-three hundred two of the public health law
and said preparations, compounds, mixtures or substances are of an
aggregate weight of one ounce 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.
Criminal possession of a controlled substance in the fourth degree is
a class C felony.
.
|
| Subdivision | Elements | Lesser included offenses |
| PL 220.09(1) |
-
knowingly and unlawfully possesses controlled substance
-
narcotic drug
-
# ounces 0.125 or more
|
LIO
|
| PL 220.09(2) |
-
knowingly and unlawfully possesses controlled substance
-
methamphetamine
-
# ounces 0.5 or more
|
LIO
|
| PL 220.09(3) |
-
knowingly and unlawfully possesses controlled substance
-
narcotic preparation
-
# ounces 2 or more
|
LIO
|
| PL 220.09(4) |
-
knowingly and unlawfully possesses controlled substance
-
stimulant
-
# grams 1 or more
|
LIO
|
| PL 220.09(5) |
-
knowingly and unlawfully possesses controlled substance
-
LSD
-
# mg 1 or more
|
LIO
|
| PL 220.09(6) |
-
knowingly and unlawfully possesses controlled substance
-
hallucinogen
-
# mg 25 or more
|
LIO
|
| PL 220.09(7) |
-
knowingly and unlawfully possesses controlled substance
-
halluciongenic substance
-
# grams 1 or more
|
LIO
|
| PL 220.09(8) |
-
knowingly and unlawfully possesses controlled substance
-
dangerous depressant
-
# ounces 10 or more
|
LIO
|
| PL 220.09(9) |
-
knowingly and unlawfully possesses controlled substance
-
depressant
-
# pounds 2 or more
|
LIO
|
| PL 220.09(10) |
-
knowingly and unlawfully possesses controlled substance
-
concentrated cannabis
-
# ounces 1 or more
|
LIO
|
| PL 220.09(11) |
-
knowingly and unlawfully possesses controlled substance
-
phencyclidine
-
# mg 250 or more
|
LIO
|
| PL 220.09(12) |
-
knowingly and unlawfully possesses controlled substance
-
methadone
-
# mg 360 or more
|
LIO
|
| PL 220.09(13) |
-
knowingly and unlawfully possesses controlled substance
-
intent to sell
-
phencyclidine
-
# mg 50 or more
-
previous drug conviction
|
LIO
|