NYSentencing

§ 220.06 Criminal  possession  of  a  controlled  substance in the fifth
           degree.
  A person is guilty of criminal possession of a controlled substance in
the fifth degree when he knowingly and unlawfully possesses:
  1. a controlled substance with intent to sell it; or
  2.  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 one-half  ounce  or
more; or
  3.  phencyclidine  and  said  phencyclidine weighs fifty milligrams or
more; or
  4.  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-fourth ounce or more; or
(Repealed by L.2021 c.92 eff. 03/31/21.)

  5. cocaine and said cocaine weighs five hundred milligrams or more.
  6.  ketamine  and  said  ketamine weighs more than one thousand milli-
grams; or
  7. ketamine and has previously been convicted  of  possession  or  the
attempt to commit possession of ketamine in any amount; or
  8.  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 twenty-eight grams or more.
  Criminal possession of a controlled substance in the fifth degree is a
class D felony.
with Argument