In New York, Is First Degree Possession “worse” Then Second Degree?
Question by lyssie: In New York, is first degree possession “worse” then second degree?
I thought that first degree possession would be worse then second degree, because that’s how it is with murder. But from my understanding, first degree possession is possessing over two ounces, while second degree is four. Is my information wrong?
Best answer:
Answer by David
You are correct in the first degree higher charge than second degree, but you received the wrong information reference the Penal Law. here are the elements of
CONTROLLED SUBSTANCE:
S 220.21 Criminal possession of a controlled substance in the first degree.
A person is guilty of criminal possession of a controlled substance in
the first 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 four ounces or more; or
2. methadone and said methadone weighs five thousand seven hundred
sixty milligrams or more.
Criminal possession of a controlled substance in the first degree is a
class A-I felony.
S 220.18 Criminal possession of a controlled substance in the second degree.
A person is guilty of criminal possession of a controlled substance in
the second 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 two 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.
And POSSESSION OF MARIJUANA:
S 221.30 Criminal possession of marihuana in the first degree.
A person is guilty of criminal possession of marihuana in the first
degree when he knowingly and unlawfully possesses one or more
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of more than ten pounds.
Criminal possession of marihuana in the first degree is a class C felony.
S 221.25 Criminal possession of marihuana in the second degree.
A person is guilty of criminal possession of marihuana in the second
degree when he knowingly and unlawfully possesses one or more
preparations, compounds, mixtures or substances containing marihuana and
the preparations, compounds, mixtures or substances are of an aggregate
weight of more than sixteen ounces.
Criminal possession of marihuana in the second degree is a class D felony.
It also depends on what controlled substance you have, but usually is marijuana
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