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New York State Drug Crime Attorney

If you’re facing drug charges, it’s critical to hire a New York State drug crime attorney to protect your rights and freedom. George F. Hildebrandt is a respected criminal defense lawyer with a reputation for success in negotiating with prosecutors and creating reasonable doubt in trials for criminal drug charges. From charges related to attempting to commit controlled substance crimes and illegal possession to situations involving professional practice owners or juveniles needing assistance navigating the criminal justice system, New York State drug crime lawyer George Hildebrandt is prepared to protect your rights using four decades of experience and a deep understanding of New York’s drug laws.

For a free consultation, use the contact form, call the law firm directly at 315-303-6533, or call toll-free 24/7 at (800) 672-3523.

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New York Controlled Substance Law

Schedule I Controlled Substance

The Schedule I controlled substance class includes anything considered to have a high potential for abuse and no accepted medical use. Schedule I drug possession charges range from Class A-I to Class E felonies.

  • Opiates and high-potency synthetic opioids
  • Opium Derivatives (heroin-types)
  • Hallucinogenic Substances (Lysergic acid diethylamide/LSD, psilocybin, MDMA (ecstasy), tryptamines, 2C series)
  • Phencyclidine/PCP-class, GHB class, precursors, and quaaludes
  • Stimulants (cathinones, amphetamine analogs)
  • Synthetic Cannabinoids (K2/Spice products)
  • Cannabimimetic Agents (JWH compounds, CP compounds)

The Schedule II controlled substance class has accepted medical uses but also a high potential for abuse. Possessing a Schedule II controlled substance unlawfully can be charged as a Class A misdemeanor for simple illegal possession. However, if anyone unlawfully possesses Schedule II narcotic drugs, they automatically receive felony charges.

  • Opium-Based Substances (morphine, codeine, hydrocodone, hydromorphone, oxycodone)
  • Cocaine-Derived Substances
  • Synthetic Opiates (methadone, fentanyl, carfentanil)
  • Stimulants (amphetamine, methamphetamine, phenmetrazine)
  • Barbiturates, non-barbiturate hypnotics, veterinary anesthetics
  • Hallucinogenic Substance (nabilone)
  • Immediate Precursors (chemicals directly used to manufacture methamphetamine, amphetamine, PCP, and fentanyl).
  • Anabolic Steroids (testosterone and synthetic testosterone analogs)

The Schedule III controlled substance class involves certain drugs with accepted medical use and a moderate potential for abuse. Schedule II drug possession charges are typically Class A misdemeanors when there’s no intent to sell.

  • Stimulants (benzphetamine, chlorphentermine, clortermine, phendimetrazine)
  • Depressants: barbiturate combination sedatives, barbiturate sedatives, general barbituric acid derivatives, combination veterinary anesthetics, prescription GHB classes, ketamine
  • Opioid Antagonist (nalorphine)
  • Narcotic Drugs in Limited Amounts
  • Synthetic Cannabinoid Medicine (dronabinol)
  • Hormonal Agent (chorionic gonadotropin)

The Schedule IV controlled substance class has accepted medical use and a lower abuse potential. If someone unlawfully possesses small amounts of Schedule IV, this is typically a Class A misdemeanor. Felony drug charges apply with larger quantities or if the case involves aggravating factors.

  • Narcotic Drugs (low-dose difenoxin with atropine, dextropropoxyphene)
  • Depressants: Benzodiazepines, Non-benzodiazepine Hypnotics, Barbiturates, Sedative Hypnotics, Muscle Relaxants With CNS Effects, Short-Acting Anesthetics
  • Stimulants (cathine, diethylpropion, fencamfamin, fenproporex, mazindol, mefenorex, pemoline, phentermine, pipradrol, SPA, modafinil, sibutramine)
  • Mixed/Other (pentazocine, butorphanol, tramadol)

Schedule V controlled substances have accepted medical use and the lowest abuse potential. Schedule V drug possession is typically a Class A misdemeanor.

  • Narcotic Drugs With Medicinal Additives
  • Stimulants (pyrovalerone)
  • Depressants (ezogabine, lacosamide, pregabalin)

New York State Drug Laws

Drug Possession Laws in New York - Criminal Possession of a Controlled Substance

Drug possession laws in New York classify illegal possession by schedule, weight, and other factors. When someone unlawfully possesses certain drugs without a valid prescription, this is charged as seventh-degree possession of a controlled substance, a Class A misdemeanor.

Higher weights move the drug offense into felony territory, beginning with class E felonies and increasing through A-I as the weight increases. Cases involving narcotics, hallucinogens, stimulants, and other Schedule II or higher substances, as well as cases involving intent to sell, carry much harsher sentences.

Criminal sale of a controlled substance refers to cases in which a person sells, trades, distributes, or offers to sell a controlled substance unlawfully. Criminal sale is used broadly to include giving, delivering, or arranging to transfer a controlled substance, with or without monetary payment. This is categorized into degrees depending on whether certain types of narcotic drugs are involved, the amount, the location of the criminal sale, and whether minors were involved.

Specific thresholds under New York criminal sale of controlled substance laws include

  • First-Degree Criminal Sale (PL § 220.43): Class A-I felony, courts consider 2 ounces or more of a narcotic drug or 2,880 milligrams or more of methadone for this.
  • Second-Degree Criminal Sale (PL § 220.41): Class A-II felony, ½ ounce or more of a narcotic drug or ½ ounce or more of methamphetamine (or equivalent); or certain combination amounts of stimulants or hallucinogens
  • Third-Degree Criminal Sale (PL § 220.39): Class B felony, at least 1 gram of a stimulant, or 1 milligram of LSD, or 25 milligrams of a hallucinogen, or 1/8 ounce or more of methamphetamine mixture, or 250 milligrams or more of PCP.
  • Fourth-Degree Criminal Sale (PL §220.34): Class C felony. At least 10 ounces of a dangerous drug under § 220.00(12), 2 pounds of a depressant, 50 milligrams of phencyclidine, 4,000 milligrams of ketamine, or 28 grams of a gamma hydroxybutyric acid preparation.
  • Fifth-Degree Criminal Sale: Class D felony, any criminal sale greater than 0. There is no minimum.

New York prescription drug laws include:

  • Possession of a Forged Prescription Drug for a Controlled Substance (PL §220.65): Possessing or attempting to use a forged, altered, or counterfeit prescription for a controlled substance medication.
  • Criminal Diversion of Prescription Drugs (PL §220.75): Knowingly transferring or receiving prescription drugs or forms for non-medical use.
  • Criminal Diversion of Prescription Drugs(PL §220.76): Committing prescription diversion involving higher value or repeated transactions.
  • Criminal Diversion of Prescription Medications (PL §220.77): Large-scale, commercial, or organized prescription-drug diversion operations.
  • Unlawful Possession of Official Prescription Forms (PHL §3397): Possessing, selling, or distributing unauthorized prescription pads.
  • Unlawful Issuance of a Prescription (PHL §3331): Issuing a controlled-substance prescription without authorization or legitimate medical purpose.
  • Unlawful Dispensing of a Prescription (PHL §3332): Filling or refilling a controlled-substance prescription that is invalid or improperly issued.
  • Unlawful Handling or Misuse of Official Prescription Forms (PHL §3333): Altering, falsifying, or improperly using official prescription forms.
  • Unlawful Paper Prescription (PHL §3343-a): Issuing a paper prescription for a controlled substance when electronic prescribing is required.

New York cannabis laws allow adults twenty-one and older to possess up to three ounces of flower or twenty-four grams of marijuana concentrate for personal use.

  • Marijuana Preparations Class A and Class B Misdemeanor: over two ounces (A), or over twenty-five grams or burning open to public view (B).
  • Marijuana Preparations Class C Felony: over ten pounds and marijuana sale over sixteen ounces.
  • Marijuana Preparations Class D Felony: over sixteen ounces and marijuana sale over four ounces or sale to a minor.
  • Marijuana Preparations Class E Felony: over eight ounces and marijuana sale over twenty-five grams.

New York State Drug Testing Laws

New York State Employee Drug Testing Policy and Pre-Employment Drug Test

Drug testing laws under New York Labor Law § 201‑d include:

  • Employers can only test if it’s required by statute, regulation, or contract, or if the employee manifests specific articulable symptoms of impairment while working that decrease performance or interfere with workplace safety.
  • Generally, employers can’t base hiring decisions on positive marijuana results, except for positions subject to federal safety regulation or other specific mandates.
  • Pre-employment testing for substances other than marijuana is allowed, provided the policy isn’t discriminatory.
  • Employers may enforce workplace policies prohibiting marijuana use during “work hours” and any presence on the property, including company vehicles.

Under Cannabis Law Section 127(6), a person on parole, probation, or other supervision cannot be punished or penalized for conduct allowed under the Cannabis Law unless the terms and conditions explicitly prohibit use. A prohibition for use requires clear and convincing evidence showing it is reasonably related to the underlying crime. The rights of certified medical marijuana patients are not restricted. However, standard conditions prohibit using or possessing controlled substances without medical authorization. Additionally, federal courts may order testing as a condition of probation or supervised release.

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Drug Rehab New York State

Here are a few addiction resources:

Possible Defenses for New York State Drug Charges

New York State drug crime defense lawyer George Hildebrandt can use the following possible defenses when representing clients facing drug charges for drug possession, drug sale, drug trafficking, and other drug crimes.

  • Lack of Drug Possession: Prosecutors cannot prove that the defendant knowingly or voluntarily possessed anything.
  • Lack of Knowledge: The individual didn’t have knowledge that anything was present or did not knowingly possess an illegal substance.
  • Unlawful Search Or Seizure: If law enforcement officers lack probable cause, a valid search warrant, or a legal basis for a stop or search, the court will suppress this evidence.
  • Invalid Traffic Stop: If police lacked reasonable suspicion, any resulting evidence is inadmissible.
  • Insufficient Evidence: Amounts, identity, or lab findings aren’t proven beyond a reasonable doubt.
  • Broken Chain of Custody: Laboratory equipment, samples, or physical evidence were mishandled, contaminated, or improperly documented.
  • Entrapment: Law enforcement induced the person to commit an offense they were not predisposed to commit.
  • Constructive Possession Failure: Illegal substances were found in a shared or nonexclusive public place without proof of dominion or control.
  • Medical or Authorized Possession: The person possessed a valid prescription or had lawful authorization.
  • Violation of Right To An Experienced Drug Crimes Lawyer: Statements or admissions were obtained without proper constitutional protections.
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New York State Drug Penalties

New York’s drug laws are considered some of the toughest on drug crimes. Convictions can lead to severe penalties, including prison time and steep fines. Penalties vary by the severity of the drug crime, criminal history, and whether aggravating factors are involved. Additionally, certain drugs will carry more severe legal penalties. Understanding how New York and the federal Controlled Substances Act classify drugs is crucial when facing criminal charges for drug-related offenses.

Penalties range based on the defendant’s status and statutory structure. First-time offenders and non-violent offenders can receive reduced charges when circumstances show personal use or good faith use. Repeat offenders face enhanced penalties when their criminal record includes qualifying felonies, and prosecutors may pursue higher penalties under provisions that punish conduct involving greater risk, higher amounts, or intent to sell. Severity also increases based on the chemical reagent class of the substance. This is used to decide how the drug offense is categorized for charging. These rules shape how drug cases are prosecuted and how penalties differ depending on the defendant’s history and the circumstances of the drug offense.

  • New York Penal Law 70.70 sets enhanced rules for second felony drug offenders. If they have a prior violent felony conviction, they must receive higher mandatory minimums. Repeat non-violent offenders with prior convictions for felony charges can receive lower ranges.
  • New York Penal Law 70.71 governs Class A drug felonies and requires indeterminate sentences. First-time offenders must receive between eight years and life. Repeat offenders must receive between fifteen years and life.
  • New York Penal Law 70.06 defines repeat offenders and second felony charges for deciding whether enhanced sentencing applies.

List of Drug Charges and Sentences in NY

New York laws and sentencing for possessing a controlled substance:
  • Criminal possession of a Controlled Substance Seventh-Degree (PL §220.03): Up to one year in jail.
  • Criminal Possession of a Controlled Substance Fifth-Degree (PL §220.06): Up to seven years in prison.
  • Criminal Possession of a Controlled Substance Fourth-Degree (PL §220.09): Up to fifteen years in prison.
  • Criminal Possession of a Controlled Substance Third-Degree (PL §220.16): Up to twenty-five years in prison.
  • Criminal Possession of a Controlled Substance First-Degree and Second- Degree (PL §220.21 & §220.18): Life in prison with mandatory minimums based on prior drug convictions.
  • Criminal Possession of Precursors of Controlled Substances (PL §220.60): Up to four years in prison.
  • Criminally Using Drug Paraphernalia in the Second Degree (PL §220.50): One year in jail.
  • Criminally Using Drug Paraphernalia in the First Degree (PL §220.55): Seven years in prison.
  • Fifth-Degree Criminal Sale of a Controlled Substance (PL §220.31): Seven years in prison.
  • Fourth-Degree Criminal Sale of a Controlled Substance (PL §220.34): Fifteen years in prison.
  • Third-Degree Criminal Sale of a Controlled Substance (PL §220.39): Twenty-five years in prison.
  • Second- and First-Degree Criminal Sale of a Controlled Substance (PL §220.41 & 220.43): Life imprisonment with mandatory penalties based on prior convictions.
  • Criminal Sale of a Controlled Substance to a Child (PL §220.45): Twenty-five years in prison.
  • Criminal Sale of a Prescription or of a Controlled Substance by a Practitioner or Pharmacist (PL §220.65): Fifteen years in prison.
  • Criminal Sale of a Controlled Substance in or Near School Grounds (PL §220.44): Twenty-five years in prison. This means selling a controlled substance within 1,000 feet of a school ground, bus, or child day care. School grounds and child day cares are protected zones, making any drug-related offenses more severe.
  • Possession of Methamphetamine Precursors Second-Degree (PL §220.70): Class E felony, four years.
  • Possession of Methamphetamine Precursors First-Degree (PL §220.71): Class D felony, seven years.
  • Manufacturing Methamphetamine in the Third Degree (PL §220.73): Class D felony, seven years.
  • Manufacturing Methamphetamine in the Second Degree (PL §220.74): Class C felony, fifteen years.
  • Manufacturing Methamphetamine in the First Degree (PL §220.75): Class B felony, twenty-five years.
  • Use of a Child to Commit a Controlled Substance Offense (PL §220.28): Four years in prison. This means that a person who is at least age eighteen, committing a controlled substance sale or attempted sale crime, knowingly uses a child under sixteen in connection with a sale or attempt. For example, using a child in connection with delivery, transport, disposal, or assistance in any way is a separate drug felony.
  • Criminal Injection of a Narcotic Drug (PL §220.46): Seven years in prison. This means knowingly injecting a narcotic drug illegally into another person’s body. It doesn’t matter whether the injector provided or sold narcotic drugs or was involved in the narcotic preparation. Additionally, the individual’s consent is not relevant.
  • Operating as a Major Trafficker (PL §220.77): Life imprisonment.
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State Drug Laws vs Federal

Many states have their own laws for drug-related charges. New York’s drug laws are found in Penal Law Article 220. Article 220 focuses on individuals who unlawfully possess controlled substances, criminal sale of illegal drugs, certain precursors, and narcotic preparation and manufacturing on a local level. Drug crime charges are divided into degrees. Criminal penalties for drug crimes depend on the weight, intent to sell, and whether the individual has a prior drug conviction.

New York drug laws have their own definitions. For example, many states refer to cases where a person sells illegal drugs as distribution. Additionally, defendants are able to receive alternative penalties for convictions, such as conditional discharge, probation, and addiction treatment programs.

Federal statutes are covered in the Controlled Substances Act. Federal prosecutors generally focus on larger quantities, interstate activity, and organized drug crimes. Penalties for drug crimes here are based on strict weight thresholds with mandatory minimum sentences and can lead to decades in federal prison.

Difference Between Smuggling, Drug Trafficking, and Distribution In New York

Distribution refers to a situation in which an individual unlawfully sells, gives, exchanges, or offers illegal drugs under Penal Law Article 220. It applies when a person sells in small quantities and to sellers of large transactions.

Drug trafficking refers to large-scale and organized drug crime charges. New York treats trafficking through charges such as major trafficker, possession or sales greater than a specific amount, and charges for manufacturing methamphetamine.

Smuggling charges are related to bringing illegal substances from another location. If smuggling involves large amounts or a large-scale controlled substance organization, it can be considered trafficking. Drug smuggling can also trigger federal charges when the subject carries controlled substances unlawfully across state lines or national borders.

If you’ve been accused of bringing in controlled substances unlawfully, contact New York drug smuggling defense lawyer George Hildebrandt to discuss any involvement in the alleged crime and potential legal defenses for your case.

These drug crimes are governed by Penal Law Article 105:

  • Second degree applies when the intended drug crime is a class A felony controlled substance crime.
  • Third degree applies when the planned drug crime is a class B felony drug crime.
  • Fourth degree applies when the intended drug crime is a class C felony drug crime.
  • Fifth- and Sixth degrees apply to lower-level drug crimes and require proof of an overt act committed in furtherance of the agreement.
  • First- and Second-Degree Conspiracy doesn’t require an overt act when the planned drug crime is a class A felony.

Courts base the penalties on the planned drug crime. This means prosecutors can charge the conspiracy even without recovering physical evidence if the agreement and planned felony are proven. The person is responsible for the acts of coconspirators when those acts fall within the scope of the agreement.

Criminal Defense Lawyer For Drug Arrests in New York State

New York drug crime lawyers like George Hildebrandt work tirelessly to gain a deep understanding of criminal laws and procedures so they can provide effective legal defenses. Criminal lawyer Hildebrandt has successfully defended many cases involving drug possession crimes, possession with intent to sell, felony controlled substance sale crimes, and other related crimes.

Here are a few prior convictions that experienced attorney Hildebrandt has helped defendants avoid through skilled legal defense and advocacy.
  • Although facing at least five years in prison for federal charges. New York drug conspiracy defense lawyer Hildebrandt secured a sentence for jail time served and post-release supervision with home detention for a six-month period.
  • The defendant was indicted on federal charges involving at least ten years in prison. After New York federal drug crime attorney Hildebrandt negotiated, prosecutors released them with jail time served and a period of post-release supervision.
  • The client was accused of distributing 10-15 ounces of cocaine per week and faced serious prison time, along with seizure of cash and a $40,000 vehicle. New York cocaine defense lawyer Hildebrandt showed the accused was responsible for much smaller quantities and was entitled to “safety valve” protections, though the person had a number of previous convictions in his youth. The government returned the vehicle, and he secured an outcome of jail time served and supervised release.
  • A person working at a professional practice requiring licensing was charged with a DWAI-drugs case. They were stopped by police, showing cocaine metabolites. Additionally, they admitted to being under the influence of antidepressants. An investigation by the New York professional license defense lawyer revealed that the prescription drug couldn’t serve as the basis for the charge. George showed the prosecution that the presence of the illegal drug was insufficient. The misdemeanor charges were dropped, and the defendant pleaded guilty to a traffic infraction.
  • An individual’s home was searched by the DEA in connection with a drug case for a major marijuana and distribution conspiracy. After the search, the defendant was also indicted in federal court for possessing marijuana and firearms. He hired criminal defense attorney Hildebrandt before being formally charged. Because of early preparation, he was allowed to stay out of jail while his case was pending. George convinced federal prosecutors not to consider his prior convictions, allowing for less than the standard mandatory minimum sentence. While originally ineligible for probation, because of preparation before the trial began, the defense secured jail time served, three years of supervised release, and dismissal of the firearms indictment.
  • Police found evidence corroborating an informant’s statement that the individual was engaged in manufacturing and distributing large amounts of crack cocaine. The quantity would have led to a minimum of ten years’ imprisonment. Through early preparation, New York drug manufacturing defense lawyer Hildebrandt kept the defendant from being detained at the initial appearance. He obtained a substantial reduction, despite the individual being arrested on a subsequent state drug charge. Because of skilled drug crime defense, the accused served less than 10 months before being released for the federal crime, and the client didn’t serve any additional jail time for the state offense.
  • An individual was charged with possessing cocaine with the intent to sell. New York search and seizure defense attorney Hildebrandt conducted an investigation and determined that police were in violation in obtaining the evidence. Prosecutors accepted the plea agreement for a misdemeanor drug offense.
  • A person was accused of being part of a widespread, multi-million-dollar marijuana operation. Federal agents had wiretap recordings of him speaking about marijuana transactions and had watched him during surveillance. At trial, New York wiretap defense lawyer Hildebrandt argued that even if the client was involved in some kind of illegal drug activity, it was not the specific conspiracy the government charged him with. After a two-week federal trial, the jury agreed and found him not guilty on all charges.
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Contact New York State Drug Crime Defense Attorney George F. Hildebrandt For a Free Consultation

If you’re facing criminal charges, you need skilled legal representation to protect your criminal record. New York State drug crime defense attorney George Hildebrandt has extensive experience representing clients and securing the best possible outcomes when defending them in negotiations or trials. If you’ve been accused or are facing drug charges, understanding your legal rights and options is critical. If you believe you’re the target of an investigation or have been arrested for a drug crime, don’t wait to speak with a drug crime defense lawyer in New York State. Defense lawyer George Hildebrandt is prepared to help you fight the most serious drug charges.

Schedule a free consultation by using the contact form, calling the law firm directly at 315-303-6533, or calling toll-free 24/7 at (800) 672-3523.

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