Section 220.06. Criminal possession of a controlled substance in the fifth degree  


Latest version.
  • 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
      subdivision four 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
        5. cocaine and said cocaine weighs five hundred milligrams or more.
        6.  ketamine  and  said  ketamine  weighs  more  than   one   thousand
      milligrams; 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.