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 § 220.18 (2026)

Criminal possession of a controlled substance in the second degree

✓ current as of May 2026
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§ 220.18 Criminal possession of a controlled substance in the second
           degree.
  A person is guilty of criminal possession of a controlled substance in
the second degree when he or she 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 four ounces 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 two ounces or more; or
  3. a stimulant and said stimulant weighs ten grams or more; or
  4. lysergic acid diethylamide and said lysergic acid diethylamide
weighs twenty-five milligrams or more; or
  5. a hallucinogen and said hallucinogen weighs six hundred twenty-five
milligrams or more; or
  6. a hallucinogenic substance and said hallucinogenic substance weighs
twenty-five grams or more; or
  7. methadone and said methadone weighs two thousand eight hundred
eighty milligrams or more.
  Criminal possession of a controlled substance in the second degree is
a class A-II felony.
Notes of Decisions
Cited in 259 cases (17 in the last 5 years), 1979–2026 · leading case: People v. Ryan, 626 N.E.2d 51 (N.Y. 1993).
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People v. Ryan, 626 N.E.2d 51 (N.Y. 1993). · cites it 2× “Penal Law § 220.18 (5) makes it a felony to "knowingly and unlawfully possess * * * six hundred twenty-five milligrams of a hallucinogen.”
People v. Mills, 901 N.E.2d 196 (N.Y. 2008). · cites it 2× “Mills On April 20, 1995, Mills pleaded guilty in County Court to criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [1]), a class A-II felony, in exchange for the promised sentence of an indeterminate term of three years to life in prison.”
People v. Carpenter, 138 A.D.3d 1130 (N.Y. App. Div. 2016). · cites it 2× “Penal Law § 220.18 provides that “[a] person is guilty of criminal possession of a controlled substance in the second degree when he or she knowingly and unlawfully possesses .”
People v. Sanchez, 652 N.E.2d 925 (N.Y. 1995). · cites it 2× “The sole question is whether the People presented legally sufficient evidence to the Grand Jury (CPL 70.10 [1]), providing that body with a basis and record from which it could draw permissible inferences to accuse defendant of criminal possession of a controlled substance in…”
People v. Bowes, 2022 NY Slip Op 03940 (N.Y. App. Div. 2022). · cites it 2× “[with] an aggregate weight of two ounces or more" (Penal Law § 220.18 [2]). "A person is guilty of unlawful manufacture of methamphetamine in the third degree when he or she possesses at the same time and location, with intent to use, or knowing that another intends to use each…”
People v. Hill, 648 N.E.2d 455 (N.Y. 1995). · cites it 2× “We now hold that, where the issue is fully preserved for our review, the knowledge requirement is applicable to the convictions here for criminal sale of a controlled substance in the second degree (Penal Law § 220.”
People v. Manini, 79 N.Y.2d 561 (N.Y. 1992). “” Penal Law § 220.18 (1) provides, in pertinent part, that "[a] person is guilty of criminal possession of a controlled substance in the second degree when he knowingly and unlawfully possesses * * * one or more preparations, compounds, mixtures or substances of an aggregate…”
People v. Victor, 139 A.D.3d 1102 (N.Y. App. Div. 2016). “In addition, the testimony of Purdy and Jenkins established that defendant acted in concert with Jenkins to possess over four ounces of cocaine, a class A-II felony (see Penal Law § 220.”
People v. Ackies, 79 A.D.3d 1050 (N.Y. App. Div. 2010). · cites it 2× “43), and counts 4 and 16, relating to the same conspiracies, are premised upon the object crime of criminal possession of a controlled substance in the second degree (Penal Law § 220.18). Contrary to the People’s contention, the Supreme Court properly dismissed counts 3, 4, 15,…”
People v. Franklin, 146 A.D.3d 1082 (N.Y. App. Div. 2017). “Defendant’s 2006 guilty plea was premised upon his possession of two ounces of cocaine, but a 2004 amendment to Penal Law § 220.18 had increased the aggregate weight required for that crime from two ounces to four ounces (see L 2004, ch 738, § 21).”
People v. Ivey, 204 A.D.2d 16 (N.Y. App. Div. 1994). · cites it 2× “Defendant was convicted, after a jury trial, of criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [1]), which required proof that "he knowingly and unlawfully possesse[d] * * * one or more preparations, compounds, mixtures or substances of an…”
United States v. Williams, 524 F.3d 209 (2d Cir. 2008). “When the offense was committed, it was a Class A-II felony, N.Y. Penal Law § 220.18 , punishable by a minimum sentence of “not .”
Show all 259 citing cases →
N.Y. Penal Law § 220.18(1): 4 cases
Taylor v. Connelly, 18 F. Supp. 3d 242 (E.D.N.Y 2014).
Capellan v. Riley, 779 F. Supp. 728 (S.D.N.Y. 1991).
Coleman v. Bell (E.D.N.Y 2023).
Carey v. Superintendent, Washington Corr. Facility (W.D.N.Y. 2023).
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