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NY Penal Law § 220.18: Criminal Possession of a Controlled Substance in the Second Degree
Criminal possession of a controlled substance in the second degree, NY Penal Law § 220.18, is possessing a large quantity of drugs: for example four ounces or more of a substance containing a narcotic drug such as cocaine or heroin, two ounces or more of methamphetamine, or set weights of stimulants, LSD, hallucinogens and methadone. It is a class A-II felony, one of the most serious drug charges in New York. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who defends major drug cases in Nassau County and Suffolk County courts.
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NY Penal Law § 220.18 at a glance
| Criminal possession of a controlled substance in the second degree | |
|---|---|
| Statute | NY Penal Law § 220.18 |
| Charge level | Class A-II drug felony |
| First-offense prison range | 3 to 10 years, if prison is imposed |
| Lifetime probation | Allowed by statute as an alternative to prison |
| Most common on Long Island | Subdivision 5 (hallucinogens) and subdivision 1 (4 ounces of a narcotic drug) |
What NY Penal Law § 220.18 says
A person is guilty of criminal possession of a controlled substance in the second degree when he or she 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 four ounces 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 two ounces or more; or
3. a stimulant and said stimulant weighs ten grams or more; or
4. lysergic acid diethylamide and said lysergic acid diethylamide weighs twenty-five milligrams or more; or
5. a hallucinogen and said hallucinogen weighs six hundred twenty-five milligrams or more; or
6. a hallucinogenic substance and said hallucinogenic substance weighs twenty-five grams or more; or
7. methadone and said methadone weighs two thousand eight hundred eighty milligrams or more.
Criminal possession of a controlled substance in the second degree is a class A-II felony.
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
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 weight met the threshold for the subdivision charged, as determined by a lab.
Penalties for second-degree drug possession
| Outcome | What it means |
|---|---|
| Prison (first offense) | For a first felony drug offense, a prison term is 3 to 10 years, plus post-release supervision. |
| Lifetime probation | The law allows a sentence of lifetime probation instead of prison for a class A-II drug felony. |
| Pleas | Many cases resolve with pleas to lower-degree drug felonies, which open up shorter sentences, probation and treatment options. |
| Other consequences | Forfeiture of cash and property, and severe immigration consequences. |
Facing a major drug possession charge?
Call before your next court date. Consultations are free, in person at our Hempstead office or by video call or phone call. We answer 24/7.
How second-degree drug possession charges show up on Long Island
In the cases we’ve seen over the last two years, PL 220.18 charges come up in both Nassau County and Suffolk County.
The most common subdivisions were 5 (a hallucinogen weighing 625 milligrams or more) and 1 (four ounces or more of a substance containing a narcotic drug). These cases usually involve a search warrant, a car stop or a package interception.
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 execute a search warrant at a home and find several ounces of powder that tests positive for cocaine. The lab reports an aggregate weight just over four ounces. The charge is PL 220.18(1). The defense challenges the search warrant, who possessed the drugs in a shared home, and the lab weight, any of which can change the charge.
Defenses to a PL 220.18 charge
- Search warrant and search. Challenging the warrant or the search can suppress the drugs.
- Possession. Shared homes and cars raise real questions about who possessed what.
- Weight. The lab’s aggregate weight determines the degree.
- Knowledge. You must have known the substance was there and what it was.
Related offenses
- Criminal possession of a controlled substance in the fourth degree (PL 220.09)
- Criminal possession of a controlled substance in the fifth degree (PL 220.06)
- Felony drug possession and sale (PL 220.16, 220.39)
- Long Island drug possession defense
NY Penal Law § 220.18: frequently asked questions
What is criminal possession of a controlled substance in the second degree?
Under Penal Law 220.18, it is knowingly and unlawfully possessing large amounts of drugs, such as four ounces or more of a substance containing a narcotic drug or two ounces or more of methamphetamine. It is a class A-II felony.
What is the sentence for CPCS 2nd degree in New York?
For a first felony drug offense, a prison sentence is 3 to 10 years. New York law also allows lifetime probation instead of prison for a class A-II drug felony.
Can a second-degree drug charge be reduced?
Often, yes. Many cases resolve with pleas to lower-degree drug felonies, depending on the evidence, the search and the weight.
Is judicial diversion available for CPCS 2nd degree?
Judicial diversion generally applies to class B through E drug felonies. A plea to a lower charge may be needed to make treatment-based options available.
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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