When you leave the house, do you sometimes carry a bottle of OxyContin that your doctor prescribed for your chronic back pain? If so, then be prepared to prove that you hold a valid prescription, as OxyContin is classified as a controlled substance in New York, and illegal possession can incur life-changing penalties. Without such paperwork, you could find yourself facing criminal charges requiring a New York drug possession lawyer, simply for carrying what was legally prescribed to you.
Drug possession laws in New York have traditionally been harsh compared to those in other states. When the Rockefeller Drug Laws took effect in 1973, the penalty for selling two ounces or more of certain drugs, such as marijuana or heroin, was upgraded to a minimum of 15 years in prison. In 1977 the section related to marijuana was repealed, but otherwise, New York retained its reputation as one of the toughest states when it came to drug crimes including possession penalties.
In 2025, drug possession laws remain in a state of evolution, especially surrounding cannabis possession for both personal and medicinal use. The state continues to take a close look at ways to reform many existing drug possession laws, with potential decriminalization of possession of illicit substances, with a new focus on helping and treating those facing challenges with drugs across the state.
For now, however, drug possession crimes still come with significant consequences, including monetary fines and jail time. Depending on the nature of your drug crime, the amount of a controlled substance in your possession, and your intent to sell or manufacture a controlled substance, these charges, without proper legal representation, could result in life-changing legal consequences. Whatever the charges may be, consulting with a qualified NYC criminal defense lawyer is in your best interests to not only lessen the consequences but also bring a close to this chapter of your life.
What Is Considered a Controlled Substance in New York
New York has five schedules that articulate exactly what a controlled substance is. Understanding exactly what a controlled substance is is critical to understanding the possible legal consequences you are facing.
- Schedule I drugs and controlled substances have no recognized medical purpose and are usually highly addictive. These types of drugs can include substances like cocaine, LSD, heroin, and a multitude of different hallucinogens. These are sometimes referred to as generally considered “street drugs” that pose a serious risk to the public. These substances have zero medicinal qualities and are considered substances with the most potential for abuse and addiction.
- Schedule 2 drugs and controlled substances in New York are substances that can be derived from chemical synthesis or have a vegetable origin. This could include opium in its organic form, but also varieties of the opium plant that have been chemically synthesized. For instance, medications like Codeine or Oxycodone are classified as Class 2 controlled substances, while raw forms of the coca leaf or opium poppy are classified as Schedule 2 controlled substances..
- Schedule 3 controlled substances are those with a lower potential for addiction, but include things like stimulants and depressants, and could also include substances like Ketamine, medications with small amounts of opiates, and steroids.
- Schedule 4 controlled substances have a low potential for addiction and include medications like Xanax, but also stimulants and depressants.
- Schedule 5 controlled substances could include cough medications with small amounts of codeine, but also stimulants and depressants that pose a low risk for dependency.
Penalties For Possession of a Controlled Substance in New York
Penalties for possessing any controlled substance or drug that fits into one of these schedules will vary greatly, ranging from a simple citation, a misdemeanor, or a felony. The legal consequences are typically less severe for possession of small amounts, but will grow in severity based on your own criminal history, the amount of the controlled substance you are in possession of, and your intent to either manufacture or distribute.
The nature of your arrest and charge could also include more than just criminal possession of a controlled substance and could include charges related to the sale, distribution, and manufacturing of a controlled substance.
A lengthy prison sentence and hefty monetary fines are not uncommon for felony drug possession crimes in New York. A Class A-1 felony could result in life in jail, while even a misdemeanor can result in up to a year in jail. Regardless of the severity of your charge or charges, a criminal conviction can lead to lifelong reputation damage, the revocation of professional licenses, and challenge your ability to take on meaningful work opportunities for many years. Hiring a skilled and experienced New York drug possession lawyer can help mitigate the severity of the consequences you might face.
The Degrees of Severity of New York Criminal Possession of a Controlled Substance
There are six degrees of criminal possession of a controlled substance, with the first degree considered to be the most serious, with all but one degree resulting in a felony criminal charge. How your possession of a controlled substance charge will be classified is largely dependent on the amount of the controlled substance in your possession. For instance, being in possession of more than eight ounces of a controlled substance could result in what is known as a class A-1 felony, the most significant criminal charge.
A Class A-I felony applies if you are arrested with eight or more ounces of a controlled substance or at least 5,760 milligrams of methadone. A Class A-I felony conviction can send you to prison for at least 15 years, force you to pay a $100,000 fine or both. At the other end of the spectrum is a Class A misdemeanor, which involves a lower amount of controlled substances and/or substances not included in any of the other offence categories.
New York Cannabis Laws
In 2025, cannabis laws have shifted immensely in New York, as individuals 21 and older can legally possess up to three ounces of dried cannabis flower, or up to 24 grams of related concentrates. Despite this recent shift in state cannabis laws, there are many regulations that dictate both the possession and distribution of cannabis and various products derived from the plant itself.
Having more than three ounces can result in a criminal violation with an accompanying monetary fine, while possession of five pounds or more of cannabis could result in a felony charge. Cannabis-related criminal charges still remain common and could have long-lasting legal consequences.
Why You Need a Qualified New York Drug Possession Lawyer
Drug crimes remain common across the state of New York, and retaining qualified legal representation can potentially work to lessen the charges against you and help you move on from this difficult chapter of your life. People make mistakes, and you should not be facing a felony criminal charge on your own.
Many drug-related charges can be reduced or challenged, helping you to avoid jail time or see the criminal charges dropped entirely.
If you are arrested for drug possession in New York, it is in your best interests to contact a New York criminal defense lawyer as soon as possible.
They will investigate the charges against you and look for opportunities to file pretrial motions such as:
- Dismissal of the charges for insufficient evidence.
- Suppression of evidence gathered as a result of an illegal search and seizure.
- Exclusion of statements you may have made that violate your Miranda rights.
Taking these charges seriously from the very beginning remains incredibly important. Simply having a criminal record can have extensive consequences on your life, restricting your ability to travel while having your name appear in criminal record searches. At times, a criminal conviction can be used against you in a child custody case, challenging your ability to be an effective parent.
Lean on Julie Rendelman for legal representation focused on fighting for what is best for you. By bringing decades of experience as a criminal defense attorney in New York, she can help walk you through every detail of your case and craft a legal defense for any kind of drug-related crime.
Simply knowing the options available to you is the first step to navigating these often complex and intimidating matters. You are not alone during these challenging times. Consider how these charges can have lifelong impacts and explore legal representation that is focused on doing what is right for you.
Contact the Law Offices of Julie Rendelman, LLC today and take part in a free consultation. Reaching out to an attorney is well within your legal rights. Contact us today and begin the process now.
New York, NY 10017
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