POSSESSION
An arrest for possessing less than 25 mg of ecstasy 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 25 mg or more of ecstasy 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 5 grams or more of ecstasy 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 jail, and a previous violent offenders could face 15 years.
An arrest for possession of 25 grams or more of ecstasy mixture 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 jail, and a previous violent offenders could face 17 years.
SALE
An arrest for selling less than 1 gram of ecstasy 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 gram or more of ecstasy 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 gram or more of ecstasy 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 5 grams or more of ecstasy 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 prison, 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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