What is the maximum sentence for drug possession in New York?

Under N.Y. Penal Law § 220.03 (Class A Misdemeanor), New York drug possession carries a maximum sentence of 1 year and a maximum fine of $1,000.

Does New York have a mandatory minimum for drug possession?

New York does not impose a blanket mandatory minimum for simple drug possession. Specific charges or enhancements may carry their own minimums.

What factors enhance a drug possession charge in New York?

In New York, drug possession penalties can be enhanced by: Possession of larger quantities (elevated degrees — up to Class A-I Felony); Possession near a school zone.

New York Drug Possession Law

New York Drug Possession Defense

What you're facing under N.Y. Penal Law § 220.03, how the penalties scale, and the questions your attorney needs to answer, specific to New York (NY) law.

Offense Class

Class A Misdemeanor

Maximum Penalty

1 year

Maximum Fine

$1,000

Penalty Range in New York

StatuteN.Y. Penal Law § 220.03 — Criminal Possession of a Controlled Substance — Seventh Degree

Minimum Penalty

Maximum Penalty1 year

Maximum Fine$1,000

Charge Enhancements

These factors can elevate the charge or penalty in New York:

Possession of larger quantities (elevated degrees — up to Class A-I Felony)
Possession near a school zone

New York-Specific Detail

Seventh degree is the lowest-level drug possession. New York has seven degrees of criminal possession of a controlled substance, from Class A Misdemeanor (7th) to Class A-I Felony (1st). Drug court and diversion widely available.

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Important: This page provides legal INFORMATION about New York drug possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.