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New York Criminal Law & Crystal Meth (Methamphetamine)

Posted By Galluzzo & Arnone LLP || 11-Jan-2011

The possession of cystal meth – a highly addictive drug derived from a substance called methamphetamine – is illegal in New York. Under the New York Penal Law, crystal meth/methamphetamine is classified as a controlled substance under Schedule II(d) of the Public Health Law. See Penal Law Section 220.00(5); see also Public Health Law Section 3306, Schedule II(d)(2).

Even the simple private possession of a miniscule amount of crystal meth can get you arrested for Criminal Possession of a Controlled Substance in the Seventh Degree, a Class A misdemeanor punishable by up to one year in jail. Possessing large quantities of crystal meth (methamphetamine) can also subject you to felony charges. Specifically, if you possess more than one half ounce of methamphetamine/crystal meth, you could be charged with the Class C felony of Criminal Possession of a Controlled Substance in the Fourth Degree (Penal Law Section 220.09[2]). If you possess more than two (2) total ounces, you could even be charged with Criminal Possession of a Controlled Substance in the Second Degree (Penal Law Section 220.18[2], a Class A-II felony), which is very serious.

Selling crystal meth/methamphetamine or possessing it for the purpose of sale can also subject you to felony prosecution. Possessing any amount of crystal meth/methamphetamine with the intent to sell it to another can get you arrested for Criminal Possession of a Controlled Substance in the Fifth Degree, a Class D felony, see Penal Law Section 220.06(1), and possessing an eighth of an ounce or more of crystal meth/methamphetamine with the intent to sell it can also subject you to the charge of Criminal Possession of a Controlled Substance in the Third Degree, a Class C felony (Penal Law Section 220.16[7]). (Click here for more on the concept of possession with the intent to sell). Selling any small amount can get you arrested for Criminal Sale of a Controlled Substance in the Fifth Degree, a Class D felony (Penal Law Section 220.31), selling an eighth of an ounce or more will get you Criminal Sale of a Controlled Substance in the Third Degree, a Class B felony (Penal Law Section 220.39[7]), and selling one half ounce or more will get you Criminal Sale of a Controlled Substance in the Second Degree, a Class A-II felony (Penal Law Section 220.41[5]).

The potential sentencing range for these charges is wide and depends largely on the criminal record of the accused. Drug treatment programs may be available to some addicts that are accused of crimes involving crystal meth/methamphetamine. If you or a loved one have been arrested for this charge and wish to speak to an experienced team of criminal defense attorneys, contact the lawyers at Galluzzo & Arnone LLP.

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