Section 220.09. Criminal possession of a controlled substance in the fourth degree  


Latest version.
  • 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
      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 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; or
        15.  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 two hundred grams or more.
        Criminal possession of a controlled substance in the fourth degree  is
      a class C felony.