Jan 28, 2022  
2021-2022 Student Handbook 
    
2021-2022 Student Handbook

New York


The following is not a comprehensive list of all state and municipal statutes and penalties. This is an overview summary of some statutes and attendant penalties for violation of such statutes. Statutes may also have enhanced penalties for subsequent offenses. The penalties described below are based on applicable New York State statutes and are subject to change at any time by the legislature and the governor.

Alcohol:

  • Anyone engaged in the illegal manufacture or sale of alcoholic beverages, without obtaining the necessary and proper permits from federal alcohol authorities, is subject to fines of up to $1,000.
  • Anyone who acquires alcoholic beverages for someone under 21 years old is subject to a fine and imprisonment.
  • Anyone under 21 years old who purchases or attempts to purchase alcoholic beverages through fraudulent means is subject to a fine, community service, and/or loss of driver’s license.
  • Anyone under 21 who possesses any alcoholic beverage with the intent to consume such beverage is subject to a fine.

Controlled Substances:

  • Articles 220 and 221 of the New York State Penal Law are directly aimed at unlawful traffic in mind-affecting drugs. These articles set criminal penalties for possession or sale of drugs considered harmful or subject to abuse. The seriousness of the offense and penalty imposed upon conviction depend upon the individual drug or amount held or sold.
  • Section 220.45 makes criminal possession of a hypodermic instrument a Class A misdemeanor.
  • Section 220.46 makes criminal injection of another person with a narcotic drug with consent of that person a Class E felony.
  • Section 220.50 makes possession or sale of drug paraphernalia, the use of substances that dilute drugs (like dextrose or mannite), and the use of commercial drug preparation materials (such as gelatin capsules or plastic envelopes) or scales/balances used for drug weighing a Class A misdemeanor.
  • Section 220.60 makes criminal possession of certain “precursors” of controlled substances used in their preparation and manufacture (such as ergot or diethyl amide), without possession of the drugs themselves, a Class E felony.
  • Under the Penal Law, a gift of drugs, including marijuana, is treated as a sale.

New York State Penal Law defines a misdemeanor as a crime punishable by imprisonment
for more than 15 days but not more than one year. A felony is a crime punishable by imprisonment for more than one year.

Section 220 Controlled Substance Offenses and Sentences:

Criminal Possession of a Controlled Substance:

  • 7th degree: Class A misdemeanor (up to one year in prison)

Criminal Possession or Sale of a Controlled Substance:

  • 5th degree: Class D felony (up to seven years)
  • 4th degree: Class C felony (up to 15 years)
  • 3rd degree: Class B felony (up to 25 years)
  • 2nd degree: Class A II felony (minimum/maximum set by court)
  • 1st degree: Class A I felony (minimum/maximum set by court)

The degree of possession or sale depends on the amount of the controlled substance provided. All sentences are for first-time offenders.