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 § 220.16 (2026)

Criminal possession of a controlled substance in the third degree

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 1,241 cases (189 in the last 5 years), 1976–2026 · leading case: People v. Hines, 762 N.E.2d 329 (NY 2001).
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People v. Hines, 762 N.E.2d 329 (NY 2001). · cites it 6× “21 [1] [possession of four or more ounces of a narcotic drug]), criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1] [possession with intent to sell]), and criminally using drug paraphernalia in the second degree (Penal Law § 220.”
People v. Nelson, 2017 NY Slip Op 8903 (N.Y. App. Div. 2017). · cites it 3× “16 [1]) or a mixture “containing a narcotic drug” weighing “one-half ounce or more” (Penal Law § 220.16 [12]). 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…”
People v. Garcia-Toro, 2017 NY Slip Op 7634 (N.Y. App. Div. 2017). · cites it 2× “Penal Law § 220.16 prohibits knowingly possessing “a narcotic drug with intent to sell it” or a mixture “containing a narcotic drug” weighing “one-half ounce or more” (Penal Law § 220.”
People v. Crooks, 129 A.D.3d 1207 (N.Y. App. Div. 2015). · cites it 3× “As is relevant here, Penal Law § 220.16 prohibits knowingly possessing either “a narcotic drug with intent to sell it” (Penal Law § 220.”
United States v. Anthony King, 325 F.3d 110 (2d Cir. 2003). · cites it 4× “, that for attempted criminal possession of a controlled substance in violation of N.Y. Penal Law § 220.16 (1) (McKinney 1992) was not for “a serious drug offense” within the meaning of § 924(e).”
Gonzalez v. City of Schenectady, 728 F.3d 149 (2d Cir. 2013). · cites it 2× “” N.Y. Penal Law § 220.16 (1). A person is guilty 2 of Criminal Possession of a Controlled Substance in the 3 Fourth Degree “when he knowingly and unlawfully 4 possesses .”
People v. Vargas, 72 A.D.3d 1114 (N.Y. App. Div. 2010). · cites it 4× “As for the cocaine stored at Matthews’ apartment, defendant was convicted of four counts on the theory that he knowingly possessed the cocaine with the intent to sell (see Penal Law § 220.16 [1]) and four counts on the basis that he possessed one-half ounce or more of cocaine…”
People v. Echavarria, 53 A.D.3d 859 (N.Y. App. Div. 2008). · cites it 2× “Defendant was indicted on three counts of criminal possession of a controlled substance in the third degree, for knowingly possessing the heroin and the cocaine with intent to sell it (see Penal Law § 220.16 [1]), and a fourth count of criminal possession of a controlled…”
People v. Concepcion, 953 N.E.2d 779 (NY 2011). · cites it 2× “01 [1]); and criminal possession of a controlled substance in the third, fourth, and seventh degrees (Penal Law § 220.16 [1]; § 220.09 [1]; § 220.”
The People v. Anthony Barksdale, 41 N.E.3d 1111 (NY 2015). · cites it 2× “02 [criminal possession of a weapon in the third degree]; Penal Law § 220.16 [criminal possession of a controlled substance in the third degree]).”
People v. Ryan, 626 N.E.2d 51 (NY 1993). · cites it 3× “, Penal Law § 220.16 [1]) or intent to sell combined with a prior drug conviction (e.”
The People v. Anthony Jones, 47 N.E.3d 710 (NY 2016). “L Defendant pleaded guilty to criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]) and criminal sale of a controlled substance in the third degree (Penal Law § 220.”
Show all 1,241 citing cases →
— N.Y. Penal Law § 220.16(1) — 14 cases
United States v. Darden, 539 F.3d 116 (2d Cir. 2008).
Brown v. De Fillipis, 717 F. Supp. 172 (S.D.N.Y. 1989).
United States v. Campbell, 342 F. Supp. 3d 375 (W.D.N.Y. 2018).
Smith v. Lord, 230 F. Supp. 2d 288 (E.D.N.Y 2002).
People v. Whyte, 2025 NY Slip Op 51934(U) (Tompkins Cty Ct. 2025).
— N.Y. Penal Law § 220.16(12) — 4 cases
Lora v. Shanahan, 15 F. Supp. 3d 478 (S.D.N.Y. 2014).
People v. Acosta, 2022 NY Slip Op 00509 (N.Y. App. Div. 2022).
People v. Winston, 2025 NY Slip Op 51239(U) (N.Y. Cty. Ct., Columbia Cty. 2025).
Davis v. Johnson, 49 F. Supp. 2d 160 (W.D.N.Y. 1999).
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