Section 220.06 - Criminal possession of a controlled substance in the fifth degreeA person is guilty of criminal possession of a controlled substance in the fifth degree when he knowingly and unlawfully possesses:
1. a controlled substance with intent to sell it; or2. one or more preparations, compounds, mixtures or substances containing a narcotic preparation and said preparations, compounds, mixtures or substances are of an aggregate weight of one-half ounce or more; or3. phencyclidine and said phencyclidine weighs fifty milligrams or more; or5. cocaine and said cocaine weighs five hundred milligrams or more.6. ketamine and said ketamine weighs more than one thousand milligrams; or7. ketamine and has previously been convicted of possession or the attempt to commit possession of ketamine in any amount; or8. one or more preparations, compounds, mixtures or substances containing gamma hydroxybutyric acid, as defined in paragraph four of subdivision (e) of schedule I of section thirty-three hundred six of the public health law, and said preparations, compounds, mixtures or substances are of an aggregate weight of twenty-eight grams or more. Criminal possession of a controlled substance in the fifth degree is a class D felony.
Amended by New York Laws 2021, ch. 92,Sec. 11, eff. 3/31/2021.