Most drug cases are decided by how the evidence was found. A car stop, an apartment search or a pat-down that went beyond what the law allows can lead to suppression of the evidence, and without it there is often no case.
Charges and grading
- Criminal possession of a controlled substance in the seventh degree (PL § 220.03): simple possession, a class A misdemeanor.
- Possession with intent to sell, or of larger weights (PL §§ 220.06–220.21): felonies graded by drug and weight.
- Criminal sale (PL §§ 220.31–220.43): graded by drug, weight and location, such as near a school.
- Cannabis: since 2021, adults 21 and over may lawfully possess up to three ounces of cannabis under Penal Law Article 222. Unlicensed sale and larger quantities can still be charged.
What we look at
- The legal basis for the stop, frisk, search warrant or consent.
- Constructive possession: whether drugs found in a shared car or apartment can fairly be attributed to you.
- Lab testing, weights and chain of custody.
- Eligibility for judicial diversion under CPL Article 216, which can lead to dismissal or a reduced charge after treatment.
Questions clients ask
Can an old marijuana conviction be cleared?
Many past convictions for conduct that is now legal were automatically expunged after the 2021 Marihuana Regulation and Taxation Act. If your record still shows one, it can be reviewed and corrected.
This page is general information about New York law, current as of its last review. It is not legal advice about your situation, and laws and court practices change. Speak with a lawyer about the facts of your case.