NY PENAL § 220.03: Criminal Possession of a Controlled Substance in the Seventh Degree

Call Now To Speak With Me Immediately

Knowingly Having an Illegal Substance in Your Possession

What Is Criminal Possession of a Controlled Substance in the Seventh Degree?

This charge is the lowest level of drug possession crime in New York State. Typically, you will be charged with seventh-degree possession of a controlled substance if you have small amounts of drugs like cocaine, ecstasy, or heroin.

When the Charge of Criminal Possession of a Controlled Substance in the Seventh Degree Applies

You can be charged with seventh-degree possession of a controlled substance if you have even small amounts of drugs: half a gram of cocaine or crack cocaine, half an ounce of methamphetamine, 25mg of ecstasy, an eighth of an ounce of heroin, 5mg of LSD, 50mg of PCP, or a gram of ketamine. This is not an inclusive list; in fact, New York State prosecutors have charged people for possessing Xanax without a prescription and, in one instance, for having a single oxycodone pill and a tiny amount of cocaine residue.

Because New York State lawmakers have tried to encourage drug users to seek treatment, the statue explicitly allows for two exceptions: first, when the controlled substance is residual and is on a syringe from a legal exchange program; and second, when the substance is found in the course of seeking medical care for a drug overdose. However, any other possession of a drug, no matter how small the amount, can be charged under this law.

NY PENAL § 220.03: Criminal Possession of a Controlled Substance in the Seventh Degree

New York’s penal code states:
A person is guilty of criminal possession of a controlled substance in the seventh degree when he or she knowingly and unlawfully possesses a controlled substance; provided, however, that it shall not be a violation of this section when a person possesses a residual amount of a controlled substance and that residual amount is in or on a hypodermic syringe or hypodermic needle obtained and possessed pursuant to section thirty-three hundred eighty-one of the public health law, which includes the state’s syringe exchange and pharmacy and medical provider-based expanded syringe access programs; nor shall it be a violation of this section when a person’s unlawful possession of a controlled substance is discovered as a result of seeking immediate health care as defined in paragraph (b) of subdivision three of section 220.78 of the penal law, for either another person or him or herself because such person is experiencing a drug or alcohol overdose or other life threatening medical emergency as defined in paragraph (a) of subdivision three of section 220.78 of the penal law.

Criminal possession of a controlled substance in the seventh degree is a class A misdemeanor.

What Can Happen to Me If I Am Convicted of Criminal Possession of a Controlled Substance in the Seventh Degree?

Although this charge is not a felony, it is the highest degree of a misdemeanor and you should take it seriously. If convicted, you can spend up to a year in jail or be fined up to $1,000, and there may be long-term consequences for your ability to find employment or your immigration status. Therefore, it is important that, if you are charged on Long Island, you consult an experienced criminal defense attorney immediately. There are many effective strategies to defend against a charge of seventh-degree possession of a controlled substance, such as challenging the basis for your arrest, and your attorney will be able to advise you about New York State’s drug treatment possibilities for criminal offenders. Your Long Island criminal defense lawyer will know how to secure the best outcome for you.

What Should I Do Next?

If you are charged with criminal possession of a controlled substance in the seventh-degree in Queens, Nassau, or Suffolk County, take the charge seriously. Do not attempt to “clear things up” with the police or prosecutors. Hire a Long Island criminal defense lawyer immediately and let him talk to the authorities on your behalf. He has the knowledge and experience to effectively represent you and to make sure that any impact on your life is minimal.

Criminal Possession of a Controlled Substance in the Seventh Degree
Past Client Testimonials

Past Client Testimonials

I was falsely accused of grand larceny. For someone who has never been arrested, I was in shock. I complied with the police because I respect the law and assumed they would recognize the accuser’s lie and let me go. Little did I realize the criminal justice system treats you as guilty, until proven innocent. The opposite of what I thought. Scott walked me through the painful process of proving my innocence. His knowledge of the law and empathy towards me, helped me survive the process and get a full dismissal. I unequivocally recommend Scott as your defense attorney. Thank you Scott!

Anonymous

Scott Limmer helped me through a difficult very situation. He was professional and guided me through the entire process with clarity and honest guidance. Most importantly, he had my trust through everything. He was responsive to any questions I had, and always returned my calls or emails. I never doubted that he undeniably had my best interests at heart. Thank you again Scott and I will most definitely recommend you to anyone that is in trouble and needs help.

Anonymous

I was charged with Criminal Possession of a Forged Instrument and my confidant charged with unregistered vehicle and other traffic summons. I called Scott Limmer the next day, he was straight forward, and well versed about the charge we were hit with. Mr. Limmer was interested and he had our best interest which was to get our cases dismissed. He was willing to go to trial and fight. The cost were given from the start, no hidden fees. Scott Limmer is straight forward, a fighter, accommodating, articulate, caring, knowledgeable and he will have your best interest genuinely. Which is rare these days. He always tell me if anything in the future comes up, in which my case may be brought up against me, he said call him. That's a good lawyer right there!

Anonymous

Mr. Limmer is a total professional. He truly cares about his clients. Mr. Limmer helped my son out of a tough situation. He guided my son with complete honesty. He is very responsive and knowledgeable. He spoke to us in layman’s terms and prepared us for what to expect before each appearance. His efficiency allowed us to feel confident that his experience would help get us the best possible outcome. During a very difficult time for my family, we found ourselves in need of a criminal defense attorney and after much research and many phone calls, we felt confident that Mr. Limmer was the right choice. His fees are very reasonable and there are no hidden charges.We highly recommend Mr. Limmer. He deserves more than 5 stars.

Anonymous

Let me start by saying that I was in deep S..t at one point last year and I was in a breaking point and no where to run. I needed a lawyer more that you know and I searched the web for one and found Scott Limmer. Didn't know much about him and really at that moment didn't care.
He was truthful and straight forward with me. Didn't con me in thinking it will be an easy road but told me we will beat the case in court. He fought with the judge to a point I thought I was in contempt with the judge. lol.. Called the ADA's bluff and we road it out together. He is fair, understanding and as for me, I have his name on speed dial.

Anonymous

Never thought we would need a lawyer. But we did. Found Scott Limmer online when our son got in some trouble. Scott was there for us. My wife and I didn't have a clue how the system worked. Scott was helpful in every way. At times my son wasn't the easiest client. Scott was there for us. He made us understand what and why things are going to happen.

Anonymous

I found Scott when I was in a very tough spot. I had been charged with two serious felony level crimes. I met with a handful of attorneys and Scott's reviews and presence both online and in person impressed me, so I hired him.
I am so thankful I made that decision. Scott was consistently friendly,  professional, and easily accessible. His fees were very reasonable, especially considering the level of service he provided. Most importantly to me, Scott made sure that the Judge and a zealous DA's office saw that the charges were not at all what they were chalked up to be. In the end, there was no jail time, no probation, no criminal record and no fines or community service.
If you are being criminally charged, I couldn't recommend hiring Scott more strongly. He delivered when I needed it and I am forever grateful.

Anonymous

I am grateful for everything that Scott has done for me. If you are looking for a lawyer look no further.  Scott went above and beyond for me, he did everything in his power to help me.  And because of him I have my life back and it's intact. I was innocent from the beginning but if I did not have Scott, I do not think I would have won. He is one of the smartest people I have ever met. He thinks 10 to 20 steps ahead in any scenario. There isn't one thing bad I have to say about this man. To all those out there who need representation, Scott is your guy. The one thing that means more than anything to me is that he ACTUALLY cares. Not many people are like that anymore, and he is amazing. He cared about me when he didn't have to, he just had a job to do. To have a lawyer who actually cares about their client and doesn't see them as their next pay check, pick Scott. I cannot stress how amazing of a lawyer and person he is, he will fight tooth and nail for you.

Anonymous

I reached out to Scott after a police officer contacted my employer.  I was worried that my case could have a negative affect on my employment situation and freedom. Scott kept my mind at ease and ensured we would not plea guilty and rightfully so. By the end of my case, I was not convicted with any crimes. I could not have asked for a better lawyer experience.
From first contact, Scott was approachable, very responsive and engaged, professional, and compassionate. He took time to talk through every concern and explained the process thoroughly, gave best and worst case scenarios and didn’t not over promise. In fact he under-promised and over-delivered. My family will forever be thankful we choose Scott to represent us. He is a down to earth, smart, highly capable professional.

Anonymous

I hired Scott Limmer to defend my son who had gotten into trouble in school and with the law. From our first meeting to our last, and there were many in between, not only was Scott extremely knowledgable in both aspects, but he always kept us informed about what was going on, and answered my phone calls any time of the day to put my mind at ease. Scott went above and beyond for our son to make sure that he would get the best outcome possible and that outcome was better than we had ever expected. He is very compassionate about his work and it shows in everything he does. I truly believe that if I hadn't hired Scott as my lawyer, my son would not have been given the fresh start that he now has.

Anonymous
Read My Reviews on Google Read My Reviews on Avvo