Controlled Substances

Criminal Possession of a Controlled Substance

There are six degrees of Criminal Possession of a Controlled Substance. The degree is determined by elements such as the amount and the nature of the controlled substance, whether the possession was with an intent to sell, and whether there is a particular earlier conviction.

Knowingly and unlawfully possessing any amount of any controlled substance.

Kowingly and unlawfully possessing:

  • Any amount of any controlled substance with intent to sell,
  • .5 ounces or more of a narcotic preparation,
  • 50 milligrams or more of PCP,
  • .25 ounces or more of concentrated cannabis,
  • 500 milligrams or more of cocaine,
  • More than 1,000 milligrams of ketamine, or any amount with a previous ketamine conviction, or
  • 28 grams or more of GHB.

Knowingly and unlawfully possessing:

  • .125 ounces or more of a narcotic drug,
  • 2 ounces or more of a narcotic preparation,
  • .5 ounces or more of methamphetamine,
  • 1 gram or more of a stimulant,
  • 1 milligram or more of LSD,
  • 25 milligrams or more of a hallucinogen,
  • 1 gram or more of a hallucinogenic substance,
  • 10 ounces or more of a dangerous depressant,
  • 2 pounds or more of a depressant,
  • 1 ounce or more of concentrated cannabis,
  • 250 milligrams or more of PCP, or 50 milligrams or more with intent to sell and with a previous drug conviction,
  • 360 milligrams or more of methadone,
  • 4,000 milligrams or more of ketamine, or
  • 200 grams or more of GHB.

Knowingly and unlawfully possessing:

  • .5 ounces or more of a narcotic drug, or any amount with intent to sell,
  • .125 ounces or more of methamphetamine with intent to sell,
  • 5 grams or more of a stimulant, or 1 gram or more with intent to sell, or any amount with intent to sell and with a previous drug conviction,
  • 5 milligrams or more of LSD, or 1 milligram or more with intent to sell, or any amount with intent to sell and with a previous drug conviction,
  • 125 milligrams or more of a a hallucinogen, or 25 milligrams or more with intent to sell, or any amount with intent to sell and with a previous drug conviction,
  • 5 grams or more of a hallucinogenic substance, or 1 gram or more with intent to sell, or any amount with intent to sell and with a previous drug conviction, or
  • 1,250 milligrams or more of PCP, or 50 milligrams or more with intent to sell and with a previous drug conviction.

Knowingly and unlawfully possessing:

  • 4 ounces or more of a narcotic drug,
  • 2 ounces or more of methamphetamine,
  • 10 grams or more of a stimulant,
  • 25 milligrams or more of LSD,
  • 625 milligrams or more of a hallucinogen,
  • 25 grams or more of a hallucinogenic substance, or
  • 2,880 milligrams or more of methadone.

Knowingly and unlawfully possessing:

  • 8 ounces or more of a narcotic drug, or
  • 5,760 milligrams or more of methadone.