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

Pleas
Has defendant previously been subjected to a predicate felony conviction (PL 70.06)? Yes No
Sentences
offense by