{"jurisdiction": "us-ny", "code": "penal", "section": "220.16", "citation": "Penal Law § 220.16", "heading": "Criminal possession of a controlled substance in the third degree", "text": ["§ 220.16 Criminal possession of a controlled substance in the third", "degree.", "A person is guilty of criminal possession of a controlled substance in the third degree when he knowingly and unlawfully possesses:", "1. a narcotic drug with intent to sell it; or", "2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic acid diethylamide, with intent to sell it and has previously been con- victed of an offense defined in article two hundred twenty or the attempt or conspiracy to commit any such offense; or", "3.  a stimulant with intent to sell it and said stimulant weighs one gram or more; or", "4.  lysergic acid diethylamide with intent to sell it and said lysergic acid diethylamide weighs one milligram or more; or", "5.  a hallucinogen with intent to sell it and said hallucinogen weighs twenty-five milligrams or more; or", "6.  a hallucinogenic substance with intent to sell it and said hallucinogenic substance weighs one gram or more; or", "7. one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers with intent to sell it and said preparations, compounds, mixtures or substances are of an aggregate weight of one-eighth ounce or more; or", "8.  a stimulant and said stimulant weighs five grams or more; or", "9.  lysergic acid diethylamide and said lysergic acid diethylamide weighs five milligrams or more; or", "10.  a hallucinogen and said hallucinogen weighs one hundred twenty-five milligrams or more; or", "11.  a hallucinogenic substance and said hallucinogenic substance weighs five grams or more; or", "12. 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 one-half ounce or more; or", "13.  phencyclidine and said phencyclidine weighs one thousand two hundred fifty milligrams or more.", "Criminal possession of a controlled substance in the third degree is a class B felony."], "official_source": "https://www.nysenate.gov/legislation/laws/PEN/220.16", "from_official_api": true, "plain_english": "Knowing, unlawful possession is third-degree possession in any of these cases:\n- **(1)** any **narcotic drug with intent to sell**; ★\n- **(2)** a stimulant, hallucinogen, hallucinogenic substance or LSD **with intent to sell**, after a prior conviction for an article 220 offense or an attempt or conspiracy to commit one;\n- **(3)-(7)** **with intent to sell**: **1 gram or more** of stimulant, **1 milligram or more** of LSD, **25 milligrams or more** of hallucinogen, **1 gram or more** of hallucinogenic substance, or **1/8 ounce or more** of a methamphetamine mixture;\n- **(8)-(13)** regardless of intent: **5 grams or more** of stimulant, **5 milligrams or more** of LSD, **125 milligrams or more** of hallucinogen, **5 grams or more** of hallucinogenic substance, **1/2 ounce or more** of a narcotic-drug mixture, or **1,250 milligrams or more** of phencyclidine. ★\nThe offense is a **class B felony**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/penal/220.16", "publisher": "Elyphived LLC"}