{"jurisdiction": "us-ny", "code": "penal", "section": "220.06", "citation": "Penal Law § 220.06", "heading": "Criminal possession of a controlled substance in the fifth degree", "text": ["§ 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_source": "https://www.nysenate.gov/legislation/laws/PEN/220.06", "from_official_api": true, "plain_english": "Knowing, unlawful possession is fifth-degree possession when it involves:\n- **(1)** any controlled substance intended for sale;\n- **(2)** **1/2 ounce or more** of a narcotic preparation;\n- **(3)** **50 milligrams or more** of phencyclidine;\n- **(5)** **500 milligrams or more** of cocaine;\n- **(6)** more than **1,000 milligrams** of ketamine;\n- **(7)** ketamine after the listed prior ketamine-possession conviction; or\n- **(8)** **28 grams or more** of a gamma-hydroxybutyric-acid mixture. ★\nThe offense is a **class D felony**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/220.06", "publisher": "Elyphived LLC"}