New York Penal Law § 220.18 – Criminal Possession of a Controlled Substance in the Second Degree?

Criminal Possession of a Controlled Substance in the Second Degree is a serious New York drug crime that provides harsh punishments for anyone possessing large amounts of certain narcotics. Section 220.18 doesn’t mention the intent to sell, meaning prosecutors do not need to establish what a defendant intended to do with the drugs. Criminal Possession of a Controlled Substance in the Second Degree is a Class A-II felony.

The elements of Criminal Possession of a Controlled Substance in the 2nd Degree require the prosecution to prove that a defendant knowingly and unlawfully possessed one or more of the following:

1. Any mix of narcotic drugs – four ounces or more.
2. Any substance containing methamphetamine - four ounces or more.
3. Stimulants – 10 grams or more.
4. LSD – 25 milligrams or more.
5. A stimulant, hallucinogen, hallucinogenic substance, or LSD (if the defendant has a prior drug conviction).
6. Hallucinogens – 25 milligrams or more.
7. Any hallucinogenic substance - 25 grams or more.
8. Methadone – 2280 milligrams or more.

Given the many different drug crimes in New York, as well as their similarities, prosecutors often bring several narcotics charges against a person following a single arrest. In the case of Criminal Possession of a Controlled Substance in the Second Degree, the following are the most common related crimes:

• Criminal Possession of a Controlled Substance in the Fifth Degree – NY Penal Law §220.06
• Criminal Possession of a Controlled Substance in the Fourth Degree – NY Penal Law §220.09
• Criminal Possession of a Controlled Substance in the Second Degree – NY Penal Law §220.18
• Criminal Possession of a Controlled Substance in the First Degree – NY Penal Law §220.21
• Criminal Sale of a Controlled Substance in the Third Degree – NY Penal Law §220.39
• Criminal Sale of a Controlled Substance in the Second Degree – NY Penal Law §220.41
• Criminal Sale of a Controlled Substance in the First Degree – NY Penal Law §220.43

Drug crimes have many defenses. Depending on the defense and the specific facts at issue, a defense can reduce your sentencing exposure, result in the prosecution withdrawing the case against you or put doubt in the minds of the jury, prompting a “not guilty” verdict.

The most common defenses include the following:

• A violation of your constitutional rights leading up to your arrest.
• You did not “possess” the controlled substance.
• You possessed less than the threshold amount of the specific narcotic.
• Insufficient evidence that you possessed the controlled substance with the intent to sell it.
• Prosecutors mistakenly charged you with possession of the wrong substance.

Criminal Possession of a Controlled Substance in the Second Degree is a Class A-II felony. In New York, Class A-II felonies carry a sentence between three years and 10 years four months in jail and a fine of up to $50,000.

If you currently face felony drug charges in New York, your next step should be to reach out to a dedicated NY criminal defense attorney to get started on your defense. At Tilem & Associates, our New York drug crimes lawyers have more than 25 years of experience defending clients facing all types of felony drug crimes and know what it takes to ensure your case ends with the best result possible. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.