NY Penal Law 220: Controlled Substances Definitions

NY Penal Law 220: Controlled Substances Definitions

You got arrested in New York with drugs. The charge sheet says “Penal Law 220 point something” – maybe 220.03, maybe 220.09, maybe 220.16. You’re trying to figure out what “Schedule I controlled substance” or “Schedule II narcotic drug” means for your case. You’re looking at arraignment in 24 to 48 hours and you need to understand what you’re actually charged with, what the schedule classifications mean, and why the weight matters so much.

Thanks for visiting Spodek Law Group – we’re a second generation law firm managed by Todd Spodek, with over 40 years of combined experience defending drug possession and sale cases in New York. We’ve handled cases that made national headlines, like representing Anna Delvey, and we understand that when you’re facing drug charges, the terminology on that charge sheet determines everything about your case. This article explains what “controlled substance” and “schedule” actually mean for YOU – not abstract legal definitions, but what these classifications mean for your charges, your bail, and your potential sentence.

What Schedule

New York divides drugs into five categories called “schedules.” Schedule I, defined in Public Health Law §3306, includes the drugs considered most dangerous – high abuse potential, no accepted medical use. Schedule V includes drugs with the lowest abuse potential. Where your drug falls on this schedule determines what degree of possession you’re charged with and what sentence you’re facing.

Schedule I: heroin, LSD, psilocybin mushrooms, MDMA (Ecstasy or Molly), mescaline. If police found any of these drugs on you, you’re facing the most serious possession charges. Even a small amount triggers felony charges. Schedule II: cocaine, methamphetamine, PCP, oxycodone, fentanyl. High abuse potential but some medical uses. Prosecutors treat cocaine as seriously as heroin. Schedule III: anabolic steroids, testosterone, ketamine, products with less than 90 milligrams of codeine per dosage unit. Lower penalties than Schedule I or II, but still controlled substances.

Schedule IV: Valium, Ativan, Xanax, barbital. Prescription medications with legitimate uses. Possession without prescription is criminal, but prosecutors distinguish Xanax from heroin. Schedule V: cough preparations with low-dose codeine. Least serious – often misdemeanors.

Why this matters: if police found cocaine on you – Schedule II – even 1/8 ounce is Criminal Possession of a Controlled Substance in the Fourth Degree, a Class C felony with 1 to 5.5 years potential prison. But if they found Xanax without a prescription – Schedule IV – the same weight might be Criminal Possession in the Seventh Degree, a Class A misdemeanor with maximum one year jail. The drug schedule isn’t just chemistry – it’s the difference between felony and misdemeanor, between prison and jail, between mandatory minimum sentences and plea bargaining room.

Weight

The charge sheet lists a weight. Maybe “approximately 3.7 grams.” Maybe “one-eighth ounce.” That number determines everything. Penal Law §220.00 defines “aggregate weight” as the total weight of all substances containing the controlled substance – including cutting agents, adulterants, dilutants. They don’t measure the pure drug. They weigh whatever you had, including whatever it was mixed with.

One-eighth ounce of a narcotic drug triggers fourth degree possession, a Class C felony. That’s 3.5 grams. Three small bags of heroin, each containing a gram or so, pushed together for one measurement. The prosecution doesn’t care that you claim they were separate purchases on separate days – if they were in your pocket together, the statute allows them to aggregate the weight. Fourth degree means 1 to 5.5 years prison if convicted.

Half an ounce jumps to third degree, a Class B felony – 1 to 9 years. Four ounces becomes second degree, Class A-II felony, with 3 to 10 years mandatory minimum. Eight ounces hits first degree possession, Class A-I felony – the same classification as murder – with 8 to 20 years mandatory minimum. The weight thresholds aren’t arbitrary. They’re the statutory triggers that force judges’ hands on sentencing. A judge might want to give you a break on a first offense, but if you’re charged with second degree possession, the statute mandates prison time.

Aggregate weight includes cutting agents. Cocaine is typically 30-60% pure on the street. They weigh it all. One gram of 40% pure cocaine equals one gram for charging purposes. Purity doesn’t reduce the weight. Your lawyer will challenge this in discovery – demand lab testing for purity analysis.

You’re arrested. Hour zero through six: booking process, they read you the initial charge from the police report. “You’re charged with Criminal Possession of a Controlled Substance in the Fourth Degree, Penal Law 220.09.” That tells you two things: they claim the substance is a narcotic drug, and they claim the weight exceeds one-eighth ounce but not half an ounce. The formal charges at arraignment might differ if the prosecutor reviews the case and adjusts, but the initial charge gives you the framework. Hour six through twenty-four: you’re in holding cells. This is when people make mistakes – talking to other defendants, making statements to officers, trying to explain the circumstances. Every statement can be used against you. Fifth Amendment protection applies from arrest, not from formal charges. Hour twenty-four through forty-eight: arraignment. Judge reads the formal charges, prosecutor requests bail based on the degree of the charge, your lawyer (assigned or retained) argues for release or lower bail. The judge looks at the schedule and weight. Schedule I or II narcotic drug with weight pushing toward third degree or higher? Bail will be substantial or you’ll be remanded. Schedule IV prescription pills, seventh degree misdemeanor? Possible release on recognizance if you have ties to the community and no warrant history. The constitutional principle here is the presumption of innocence – but bail determinations look at the severity of charges, and schedule plus weight define severity.

What you need before arraignment: understand what schedule they’re claiming and what weight they measured. If the police report says “field test positive for cocaine” and “approximately 4.2 grams,” you know you’re looking at fourth degree possession of a Schedule II narcotic. That tells your lawyer what the prosecutor’s starting position will be on bail and plea negotiations. Lab results won’t come back for months, but the initial classification drives everything that happens in the first court appearance.

Challenges

Field tests are unreliable. Police use presumptive tests at the scene – chemical reagents that change color if certain compounds are present. False positive rates range from 10 to 30 percent depending on the substance. The test turns blue, officer writes “positive for cocaine,” you’re charged with possessing a Schedule II narcotic. Six months later the lab test comes back: it’s a synthetic cathinone, a different chemical structure, potentially a different schedule or not a controlled substance at all under current New York law. Entire charge structure collapses.

Weight challenges matter because the thresholds are bright-line rules. You’re at 3.4 grams – Class A misdemeanor. Prosecution claims 3.6 grams – Class C felony. Your lawyer demands: what scale did they use? Was it calibrated? Did they weigh the packaging? Were the substances found in the same location or different pockets? If three bags were in different places, your lawyer argues they shouldn’t be aggregated – separate possessions, not a single possession charge with combined weight. Courts sometimes agree, especially if the circumstances suggest distinct transactions.

Lab tests take two to six months. Initial charges are based on police estimates and field tests. When lab results arrive, the substance might be a different schedule, the weight different, the purity too low to be usable. Prosecutors adjust charges based on lab results. The state must prove beyond reasonable doubt what you possessed and in what quantity.

Real example from our practice: client charged with fourth degree possession, cocaine, based on 3.8 grams. Lab test came back showing 2.9 grams actual weight after packaging was excluded. Charge reduced to seventh degree misdemeanor. That’s the difference between a felony conviction with potential prison time and a misdemeanor that might be pleaded down to a violation with no jail.

We’ve defended hundreds of New York drug possession cases. We understand how schedule classifications and aggregate weight calculations determine the degree of your charges. Your next move before arraignment: talk to someone who knows how to challenge the schedule and weight. We’re available 24/7 at 212-300-5196.