Possession
An arrest for possessing less than ½ of an ounce of methamphetamine or a mixture containing methamphetamine is classified as criminal possession in the 7th degree (New York State Penal Law § 220.03), a Class A misdemeanor which carries a penalty of up to one year in jail.
An arrest for possession of ½ of an ounce or more of methamphetamine or a mixture containing methamphetamine is classified as criminal possession in the 4th degree (New York State Penal Law § 220.09), a Class C felony punishable by 1 to 5½ years in prison. Second time offenders may face up to 8 years in prison, and a previous violent offender could face 9 years.
An arrest for possession of 2 ounces or more of methamphetamine or a mixture containing methamphetamine is classified as criminal possession in the 2nd degree (New York State Penal Law § 220.18), a Class A-II felony punishable by 3 to 10 years in prison. Second time offenders may face up to 14 years in in prison, and a previous violent offender could face 17 years.
Sale
An arrest for selling less than 1/8 of an ounce of methamphetamine or a mixture containing methamphetamine cocaine is classified as criminal sale of a controlled substance in the 5th degree (New York State Penal Law § 220.31), a Class D felony punishable by 1 to 2½ years in prison. Second time offenders may face up to 4 years in prison, and a previous violent offender could face 4½ years.
An arrest for possessing 1/8 of an ounce or more of methamphetamine or a mixture containing methamphetamine with intent to sell is classified as criminal possession in the 3rd degree (New York State Penal Law § 220.16), a Class B felony punishable by 1 to 9 years in prison. Second time offenders may face up to 12 years in prison, and a previous violent offender could face 15 years.
An arrest for selling 1/8 of an ounce or more of methamphetamine or a mixture containing methamphetamine is classified as criminal sale of a controlled substance in the 3rd degree (New York State Penal Law § 220.39), a Class B felony punishable by 1 to 9 years in prison. Second time offenders may face up to 12 years in prison, and a previous violent offender could face 15 years.
An arrest for selling ½ ounce or more of methamphetamine or a mixture containing methamphetamine is classified as criminal sale of a controlled substance in the 2nd degree (New York State Penal Law § 220.41), a Class A-II felony punishable by 3 to 10 years in prison. Second time offenders may face up to 14 years in jail, and a previous violent offender could face 17 years.
Additional Information
Frequently asked Questions about Drug Crimes
Penalties for other Substances
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