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NY Penal Law § 220.41: Criminal Sale of a Controlled Substance in the Second Degree
Criminal sale of a controlled substance in the second degree, NY Penal Law § 220.41, is selling a significant quantity of drugs: most often one-half ounce or more of a substance containing a narcotic drug such as cocaine, heroin or fentanyl. In New York, “sell” includes giving away or offering to sell, not just completed sales for money. It is a class A-II felony. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who defends drug sale cases in Nassau County and Suffolk County courts.
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NY Penal Law § 220.41 at a glance
| Criminal sale of a controlled substance in the second degree | |
|---|---|
| Statute | NY Penal Law § 220.41 |
| 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 threshold | ½ ounce or more of a substance containing a narcotic drug |
What NY Penal Law § 220.41 says
A person is guilty of criminal sale of a controlled substance in the second degree when he knowingly and unlawfully sells:
1. one or more preparations, compounds, mixtures or substances containing a narcotic drug and the preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or
2. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers and the preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or
3. a stimulant and the stimulant weighs five grams or more; or
4. lysergic acid diethylamide and the lysergic acid diethylamide weighs five milligrams or more; or
5. a hallucinogen and the hallucinogen weighs one hundred twenty-five milligrams or more; or
6. a hallucinogenic substance and the hallucinogenic substance weighs five grams or more; or
7. methadone and the methadone weighs three hundred sixty milligrams or more.
Criminal sale 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.
Under Penal Law 220.00, “sell” means to sell, exchange, give or dispose of to another, or to offer or agree to do so.
What the prosecutor has to prove
- You sold, gave, exchanged or offered or agreed to sell the substance.
- You did so knowingly and unlawfully.
- The aggregate weight met the threshold for the subdivision charged.
Penalties for second-degree drug sale
| 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 lifetime probation instead of prison for a class A-II drug felony. |
| Pleas | Many cases resolve with pleas to class B or lower drug felonies, which can open the door to shorter sentences and treatment. |
| Other consequences | Forfeiture and severe immigration consequences. |
Charged with a drug sale felony?
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 sale charges show up on Long Island
In the cases we’ve seen over the last two years, PL 220.41 charges come up in both Nassau County and Suffolk County, most often under subdivision 1, one-half ounce or more of a narcotic drug.
These cases typically come from undercover buys, controlled buys using informants, or wiretap investigations, often with several sales charged over weeks or months.
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
An undercover officer arranges to buy cocaine and the seller delivers a bag later weighed at just over half an ounce. The charge is PL 220.41(1). The defense looks at identification of the seller, the recordings, any informant’s role and credibility, entrapment, and the lab’s aggregate weight.
Defenses to a PL 220.41 charge
- Identification. Undercover and informant buys often rely on brief encounters.
- Agency. Someone who acted only as the buyer’s agent may have a defense to a sale charge.
- Entrapment. Available where police induced someone not otherwise disposed to commit the crime.
- Weight and lab. The half-ounce line is measured by the lab.
Related offenses
- Felony drug possession and sale (PL 220.16, 220.39)
- Criminal possession of a controlled substance in the first degree (PL 220.21)
- Criminal possession of a controlled substance in the second degree (PL 220.18)
- Long Island drug possession defense
NY Penal Law § 220.41: frequently asked questions
What is criminal sale of a controlled substance in the second degree?
Under Penal Law 220.41, it is knowingly and unlawfully selling certain quantities of drugs, most often one-half ounce or more of a substance containing a narcotic drug. It is a class A-II felony.
Does “sale” require money?
No. In New York, “sell” includes giving away, exchanging, or offering or agreeing to sell or give drugs.
What is the sentence for criminal sale 2nd degree?
For a first felony drug offense, a prison term is 3 to 10 years. The law also allows lifetime probation instead of prison for a class A-II drug felony.
Can a drug sale charge be reduced?
Often, yes, to a lower-degree sale or possession charge, depending on the evidence and the defendant’s record.
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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