Penal Law § 220.06

Criminal possession of a controlled substance in the fifth degree · as in force on May 31, 2026

§ 220.06 Criminal possession of a controlled substance in the fifth

degree.

A person is guilty of criminal possession of a controlled substance in the fifth degree when he knowingly and unlawfully possesses:

1. a controlled substance with intent to sell it; or

2. 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 one-half ounce or more; or

3. phencyclidine and said phencyclidine weighs fifty milligrams or more; or

5. cocaine and said cocaine weighs five hundred milligrams or more.

6. ketamine and said ketamine weighs more than one thousand milligrams; or

7. ketamine and has previously been convicted of possession or the attempt to commit possession of ketamine in any amount; or

8. 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 twenty-eight grams or more.

Criminal possession of a controlled substance in the fifth degree is a class D felony.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/220.06

In plain English

Knowing, unlawful possession is fifth-degree possession when it involves:

(1) any controlled substance intended for sale;
(2) 1/2 ounce or more of a narcotic preparation;
(3) 50 milligrams or more of phencyclidine;
(5) 500 milligrams or more of cocaine;
(6) more than 1,000 milligrams of ketamine;
(7) ketamine after the listed prior ketamine-possession conviction; or
(8) 28 grams or more of a gamma-hydroxybutyric-acid mixture. ★

The offense is a class D felony.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.