New York & Federal Laws for Cocaine/Crack

coke

New York State Penalties


Possession

In New York an arrest for possession of less than 500 mg of cocaine 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  500 mg or more of cocaine or a cocaine mixture is classified as criminal possession in the 5th degree (New York State Penal Law § 220.06), a Class D felony punishable by 1 to 2 ½ years in prison.  Second time offenders may face up to 4 years in jail, and a previous violent offenders could face 4½ years.

An arrest for possession of 1/8 of an ounce or more of cocaine or a cocaine mixture 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 jail, and a previous violent offenders could face 9  years.

An arrest for possession of ½ of an ounce or more of cocaine or a cocaine mixture 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 4 ounces or more of cocaine or a cocaine 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.

 An arrest for possession of 8 ounces or more of cocaine or a cocaine mixture is classified as criminal possession in the 1st degree (New York State Penal Law § 220.21), a Class A-I felony punishable by 8 to 20 years in prison.  Second time offenders may face up to 24 years in jail, and previous violent offenders face 15 to 30  years.


Sale

An arrest for possessing cocaine with intent to sell or 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 selling less than ½ ounce of cocaine 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 jail, and a previous violent offenders could face 15  years.

An arrest for selling ½ ounce or more of cocaine or a cocaine mixture 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 offenders could face 17 years.

An arrest for selling 2 ounces or more of cocaine or a cocaine mixture is classified as criminal sale of a controlled substance in the 1st degree (New York State Penal Law § 220.43), a Class A-I felony punishable by 8 to 20 years in prison.  Second time offenders may face up to 24 years in jail, and previous violent offenders face 15 to 30  years.

Federal Penalties for Cocaine(powder)


cocaine

Possession

The penalties for possession of cocaine are set forth in 21 U.S.C. § 844 (*Note: these penalties are for possession only.  Possession of even a small amount will usually be charged as possession with intent to distribute):

A first conviction for possession of any amount of cocaine is punishable by up to 1 year in jail, as well as a minimum fine of $1,000.

second conviction for possession of any amount of cocaine is punishable by up to a minimum time in jail of 15 days and a maximum period of 2 years, as well as a minimum fine of $2,500.

third conviction for possession of any amount of cocaine is punishable by up to a minimum time in jail of 90 days and a maximum period of 3 years, as well as a minimum fine of $5,000.


Sale

The penalties for the of sale or possession with intent to sell cocaine are set forth in 21 U.S.C. § 841 (*Note: these are the penalties for the first conviction with no enhancing factors):

Sale or possession with intent to sell less than 500 grams of a mixture containing cocaine is punishable by up to 20 years in jail, as well as a maximum fine of $1,000,000.

Sale or possession with intent to sell 500 grams or more of a mixture containing cocaine is punishable by up a minmum of 5 years in jail and a maximum of 40 years in jail, as well as a maximum fine of $2,000,000.

Sale or possession with intent to sell 5 kilogram or more  of a mixture containing cocaine is punishable by up a minmum of 10 years in jail and a maximum of life in jail, as well as a maximum fine of $4,000,000.

Federal Penalties for Crack(cocaine base)


crack

Possession

The penalties for possession of crack are set forth in 21 U.S.C. § 844 (*Note: these penalties are for possession only.  Possession of even a small amount will usually be charged as possession with intent to distribute):

A first conviction for possession of any amount of crack is punishable by up to 1 year in jail, as well as a minimum fine of $1,000.

second conviction for possession of any amount of crack is punishable by up to a minimum time in jail of 15 days and a maximum period of 2 years, as well as a minimum fine of $2,500.

third conviction for possession of any amount of cocaine is punishable by up to a minimum time in jail of 90 days and a maximum period of 3 years, as well as a minimum fine of $5,000.


Sale

The penalties for the of sale or possession with intent to sell crack are set forth in 21 U.S.C. § 841 (*Note: these are the penalties for the first conviction with no enhancing factors):

Sale or possession with intent to sell less than 28 grams of a mixture containing crack is punishable by up to 20 years in jail, as well as a maximum fine of $1,000,000.

Sale or possession with intent to sell 28 grams or more of a mixture containing cocaine is punishable by up a minmum of 5 years in jail and a maximum of 40 years in jail, as well as a maximum fine of $2,000,000.

Sale or possession with intent to sell 280 grams or more  of a mixture containing cocaine is punishable by up a minmum of 10 years in jail and a maximum of life in jail, as well as a maximum fine of $4,000,000.


Additional Information

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Penalties for other Substances

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