N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Public Health and Morals / ARTICLE Controlled Substances Offenses
New York Consolidated Laws

N.Y. Penal Law § 220.09 (2026)

Criminal possession of a controlled substance in the fourth degree

✓ current as of May 2026
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§ 220.09 Criminal possession of a controlled substance in the fourth
           degree.
  A person is guilty of criminal possession of a controlled substance in
the fourth 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 one-eighth ounce 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 one-half ounce or more; or
  3. 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 two ounces or more;
or
  4. a stimulant and said stimulant weighs one gram or more; or
  5. lysergic acid diethylamide and said lysergic acid diethylamide
weighs one milligram or more; or
  6. a hallucinogen and said hallucinogen weighs twenty-five milligrams
or more; or
  7. a hallucinogenic substance and said hallucinogenic substance weighs
one gram or more; or
  8. a dangerous depressant and such dangerous depressant weighs ten
ounces or more; or
  9. a depressant and such depressant weighs two pounds or more; or
  11. phencyclidine and said phencyclidine weighs two hundred fifty
milligrams or more; or
  12. methadone and said methadone weighs three hundred sixty milligrams
or more; or
  13. phencyclidine and said phencyclidine weighs fifty milligrams or
more with intent to sell it and has previously been convicted of an
offense defined in this article or the attempt or conspiracy to commit
any such offense; or
  14. ketamine and said ketamine weighs four thousand milligrams or
more; or
  15. 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 two hundred grams or more.
  Criminal possession of a controlled substance in the fourth degree is
a class C felony.
Notes of Decisions
Cited in 252 cases (38 in the last 5 years), 1985–2026 · leading case: People v. Ryan, 626 N.E.2d 51 (NY 1993).
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People v. Ryan, 626 N.E.2d 51 (NY 1993). · cites it 3× “, Penal Law § 220.09 [13]). Taking hallucinogens as an example, knowing and unlawful possession of any amount, even a trace (see, People v Mizell, 72 NY2d 651, 655 ) is seventh degree possession (Penal Law § 220.”
People v. Nelson, 2017 NY Slip Op 8903 (N.Y. App. Div. 2017). “A person commits the crime of criminal possession of a controlled substance in the fourth degree when he or she knowingly and unlawfully possesses a mixture “containing a narcotic drug” weighing “one-eighth ounce or more” (Penal Law § 220.09 [1]). Turning first to the issue of…”
United States v. Forbes, 16 F.3d 1294 (1st Cir. 1994). · cites it 3× “9 Forbes argues that his 1988 conviction under N.Y. Penal Law § 220.09 (McKinney 1989) does not qualify as an aggravated felony.”
Nelson v. Smith, 618 F. Supp. 1186 (S.D.N.Y. 1985). “Nelson was convicted on one count of Criminal Possession of a Controlled Substance in the Fourth Degree, see N.Y.Penal Law § 220.09, and sentenced as a predicate felon to an indeterminate term of from five to ten years of incarceration.”
Deanda v. Hicks, 137 F. Supp. 3d 543 (S.D.N.Y. 2015). · cites it 2× “” N.Y. Penal Law § 220.09 (1). To possess, in turn, “means to have physical possession or otherwise to exercise dominion or control over” the relevant substance.”
United States v. Jimenez, 512 F.3d 1 (1st Cir. 2007). “The record reflects that the appellant had yet a third conviction — this one for criminal possession of a controlled substance in the fourth degree, in violation of N.Y. Penal Law § 220.09 . We need not consider this third conviction in connection with this appeal.”
People v. Baret, 16 N.E.3d 1216 (NY 2014). “He was also charged, while acting in concert with a codefendant, with an additional two counts of third-degree possession and one count of fourth-degree possession (Penal Law § 220.09). On December 23, 1996, defendant pleaded guilty to one count of third-degree sale in exchange…”
People v. Paul, 2022 NY Slip Op 00912 (N.Y. App. Div. 2022). “Penal Law § 220.09 (1) prohibits the knowing possession of "one or more preparations, compounds, mixtures or substances containing a narcotic drug .”
People v. Luciano, 2017 NY Slip Op 5770 (N.Y. App. Div. 2017). “a hallucinogenic substance and said hallucinogenic substance weighs one gram or more” (Penal Law § 220.09 [7]). The MDMA was found during the search of a closet in the bedroom where defendant was found sleeping.”
People v. Williams, 2017 NY Slip Op 3562 (N.Y. App. Div. 2017). “15) and criminal possession of a controlled substance in the fourth degree (see Penal Law § 220.09 [1]), respectively, is unpreserved for our review (see People v Orcutt, 49 AD3d 1082, 1084 [2008], lv denied 10 NY3d 938 [2008]).”
People v. James, 71 A.D.3d 1465 (N.Y. App. Div. 2010). “Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09 [1]). We reject the contention of defendant that his waiver of the right to appeal was invalid.”
People v. Hightower, 286 A.D.2d 913 (N.Y. App. Div. 2001). · cites it 2× “Memorandum: Defendant appeals from a judgment convicting him following a jury trial of criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09 [1]). Defendant contends that the verdict is repugnant because he was acquitted of criminal possession of…”
Show all 252 citing cases →
— N.Y. Penal Law § 220.09(1) — 4 cases
McCane v. Wilkowski (W.D.N.Y. 2024).
People v. Hickson, 2018 NY Slip Op 7145 (N.Y. App. Div. 2018).
Rodriguez v. LaManna (S.D.N.Y. 2021).
Spencer v. Rockwood (N.D.N.Y. 2024).
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