§ 220.09 Criminal possession of a controlled substance in the fourth\n degree.\n A person is guilty of criminal possession of a controlled substance in\nthe fourth degree when he knowingly and unlawfully possesses:\n 1. one or more preparations, compounds, mixtures or substances\ncontaining a narcotic drug and said preparations, compounds, mixtures or\nsubstances are of an aggregate weight of one-eighth ounce or more; or\n 2. one or more preparations, compounds, mixtures or substances\ncontaining methamphetamine, its salts, isomers or salts of isomers and\nsaid preparations, compounds, mixtures or substances are of an aggregate\nweight of one-half ounce or more; or\n 3. one or more preparations, compounds, mixtures or substances\ncontaining a narcotic preparation and said preparations, compounds,\nmixtures or substances are of an aggregate weight of two ounces or more;\nor\n 4. a stimulant and said stimulant weighs one gram or more; or\n 5. lysergic acid diethylamide and said lysergic acid diethylamide\nweighs one milligram or more; or\n 6. a hallucinogen and said hallucinogen weighs twenty-five milligrams\nor more; or\n 7. a hallucinogenic substance and said hallucinogenic substance weighs\none gram or more; or\n 8. a dangerous depressant and such dangerous depressant weighs ten\nounces or more; or\n 9. a depressant and such depressant weighs two pounds or more; or\n 11. phencyclidine and said phencyclidine weighs two hundred fifty\nmilligrams or more; or\n 12. methadone and said methadone weighs three hundred sixty milligrams\nor more; or\n 13. phencyclidine and said phencyclidine weighs fifty milligrams or\nmore with intent to sell it and has previously been convicted of an\noffense defined in this article or the attempt or conspiracy to commit\nany such offense; or\n 14. ketamine and said ketamine weighs four thousand milligrams or\nmore; or\n 15. one or more preparations, compounds, mixtures or substances\ncontaining gamma hydroxybutyric acid, as defined in paragraph four of\nsubdivision (e) of schedule I of section thirty-three hundred six of the\npublic health law, and said preparations, compounds, mixtures or\nsubstances are of an aggregate weight of two hundred grams or more.\n Criminal possession of a controlled substance in the fourth degree is\na class C felony.\n
N.Y. Penal Law § 220.09
Criminal possession of a controlled substance in the fourth degree
Applied in 11 court decisions — leading case People v. McGee (2021)
Most recently applied in People v. Cleveland (June 2023)
2021-04-02
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.