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NY Penal Law § 220.09: Criminal Possession of a Controlled Substance in the Fourth Degree
Criminal possession of a controlled substance in the fourth degree, NY Penal Law § 220.09, is possessing a larger amount of drugs. On Long Island it most often means having one-eighth of an ounce or more of a substance containing a narcotic drug, such as cocaine or heroin. It also covers set weights of methamphetamine, stimulants, LSD, hallucinogens, PCP, methadone, ketamine and GHB. It is a class C drug felony. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who defends drug cases in Nassau County and Suffolk County courts.
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NY Penal Law § 220.09 at a glance
| Criminal possession of a controlled substance in the fourth degree | |
|---|---|
| Statute | NY Penal Law § 220.09 |
| Charge level | Class C drug felony |
| Most common threshold | ⅛ ounce or more of a substance containing a narcotic drug |
| First-offense prison range | 1 to 5½ years, if prison is imposed |
| Probation and diversion | Probation is allowed by statute; judicial diversion may be available |
What NY Penal Law § 220.09 says
A person is guilty of criminal possession of a controlled substance in the fourth degree when he knowingly and unlawfully possesses:
1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and said preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more; or
2. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and said preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or
3. one or more preparations, compounds, mixtures or substances containing a narcotic preparation and said preparations, compounds, mixtures or substances are of an aggregate weight of two ounces or more; or
4. a stimulant and said stimulant weighs one gram or more; or
5. lysergic acid diethylamide and said lysergic acid diethylamide weighs one milligram or more; or
6. a hallucinogen and said hallucinogen weighs twenty-five milligrams or more; or
7. a hallucinogenic substance and said hallucinogenic substance weighs one gram or more; or
8. a dangerous depressant and such dangerous depressant weighs ten ounces or more; or
9. a depressant and such depressant weighs two pounds or more; or
11. phencyclidine and said phencyclidine weighs two hundred fifty milligrams or more; or
12. methadone and said methadone weighs three hundred sixty milligrams or more; or
13. phencyclidine and said phencyclidine weighs fifty milligrams or more with intent to sell it and has previously been convicted of an offense defined in this article or the attempt or conspiracy to commit any such offense; or
14. ketamine and said ketamine weighs four thousand milligrams or more; or
15. one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid, as defined in paragraph four of subdivision (e) of schedule I of section thirty-three hundred six of the public health law, and said preparations, compounds, mixtures or substances are of an aggregate weight of two hundred grams or more.
Criminal possession of a controlled substance in the fourth degree is a class C felony.
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
The official text skips from subdivision 9 to subdivision 11. Note that subdivision 1 measures the aggregate weight of the mixture, not just the pure drug.
What the prosecutor has to prove
- You possessed the substance, on you or within your control.
- You knew you possessed it and knew what it was.
- The possession was unlawful.
- The aggregate weight met the threshold for the subdivision charged, as determined by a lab.
Penalties for fourth-degree drug possession
| Outcome | What it means |
|---|---|
| Prison (first offense) | If a prison term is imposed for a first felony drug offense, it is 1 to 5½ years, plus post-release supervision. |
| Probation | New York’s drug sentencing law specifically allows probation for class C drug felonies. |
| Judicial diversion | Eligible defendants with a substance use problem can apply for court-supervised treatment that can end in a reduced charge or dismissal. |
| Reduced outcome | Cases are often reduced to fifth-degree possession (PL 220.06) or lower, especially when the weight is close to the line. |
Charged with felony drug possession?
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How fourth-degree drug possession charges show up on Long Island
In the cases we’ve seen over the last two years, PL 220.09 charges come up in both Nassau County and Suffolk County.
About two thirds were subdivision 1, an eighth of an ounce or more of a substance containing a narcotic drug. These charges often appear together with possession with intent to sell or sale charges after a search of a car or home.
In Nassau County, arrests are arraigned at the Nassau County District Court, 99 Main Street, Hempstead, NY 11550, across the street from our office. Felony cases that are indicted move to Nassau County Court, 262 Old Country Road, Mineola, NY 11501. In Suffolk County, arraignments are held at the Suffolk County District Court, First District, 400 Carleton Avenue, Central Islip, NY 11722. Indicted felony cases go to Suffolk County Court, Arthur M. Cromarty Criminal Court Complex, 210 Center Drive, Riverhead, NY 11901.
An example
Police search a car and find a bag of cocaine that weighs just over three and a half grams, roughly one-eighth of an ounce. The charge is PL 220.09(1). The defense asks for the lab report: if the aggregate weight comes in under one-eighth of an ounce, the charge cannot stand at this level.
Defenses to a PL 220.09 charge
- Weight. The one-eighth ounce line (about 3.5 grams) is measured by the lab. Small differences matter.
- Unlawful search. Suppression of the drugs usually ends the case.
- Possession. Drugs in a shared car or home are not automatically yours; statutory presumptions can be challenged.
- Lab and chain of custody. Testing and handling errors can undermine the case.
Related offenses
- Criminal possession of a controlled substance in the fifth degree (PL 220.06)
- Criminal possession of a controlled substance in the seventh degree (PL 220.03)
- Felony drug possession and sale (PL 220.16, 220.39)
- Long Island drug possession defense
NY Penal Law § 220.09: frequently asked questions
How much cocaine is criminal possession in the fourth degree?
Under Penal Law 220.09(1), possessing one-eighth of an ounce or more (about 3.5 grams) of a substance containing a narcotic drug, which includes cocaine, is fourth-degree possession, a class C felony.
What is the sentence for CPCS 4th degree?
It is a class C drug felony. For a first felony drug offense, a prison term, if imposed, is 1 to 5½ years. Probation is also allowed by law, and judicial diversion may be available.
Is the weight of the bag included?
No. The aggregate weight of the substance itself is measured by the lab, not the packaging.
Can a fourth-degree drug charge be reduced?
Often, yes, depending on the lab weight, the legality of the search and your record. Reductions to fifth or seventh degree possession are common.
How much does a lawyer cost for this charge?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation, so you know the cost up front.
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This is general information about New York law, not legal advice about your case. Laws change, and the right defense depends on the facts. Prior results do not guarantee a similar outcome.
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