Drug Possession: Criminal Possession of a Controlled Substance in the Third Degree

Criminal possession of a controlled substance in the third degree makes it unlawful to possess any narcotic drug with the intent to sell. For this reason, it is the most commonly charged drug possession offense, aside from criminal possession in the seventh degree (simple possession).

Possession with the intent to sell is by far, the most common circumstance where people find themselves charged with criminal possession of a controlled substance. This charge requires extreme attention to detail and a knowledge of the caselaw by which comparison can be made by your attorney as to whether the prosecution can possibly prove the element of intent to sell. Oftentimes, the intent to sell element can be attacked, because it is usually based upon an overreach.

Most of the other ways you can be charged with criminal possession of a controlled substance in the third degree also involve an intent to sell. However, these other ways all have a specific weight that must also be established (except for the odd situation of stimulants, hallucinogens or LSD, that require proof of a prior conviction of the same offense). With respect to narcotics, however, any amount is enough.

These intent to sell possession with the weight element charges include:

  • 1 gram of a stimulant + intent to sell
  • 1 milligram of LSD + intent to sell
  • 25 milligrams of a hallucinogen + intent to sell
  • 1 gram of a hallucinogenic substance + intent to sell

Then there are the pure weight possessions, that do not require an intent to sell (many of these are very rarely charged):

  • 1/8 ounce of methamphetamine (or its compounds)
  • 5 grams of a stimulant
  • 5 milligrams of LSD
  • 125 milligrams of a hallucinogen
  • 5 grams of a hallucinogenic substance
  • 1/2 ounce of a narcotic drug
  • 1,250 milligrams of phencyclidine

Criminal possession of a controlled substance in the third degree is a class “B” felony and a very serious crime, punishable by up to 9 years in state prison for a first time felon.

Hug Law: Experienced Drug Possession Criminal Lawyer Serving NY’s Capital Region

Proceeding with an experienced criminal defense attorney is imperative when faced with the life-altering charge of criminal possession of a controlled substance in the third degree. Criminal drug defense and drug possession lawyer Matthew Hug has successfully won trials and negotiated favorable plea bargains for individuals charged with this offense. Whether you’re located in Albany, Troy, Schenectady, Saratoga or elsewhere in Upstate New York’s Capital District, if you’ve been charged with criminal possession of a controlled substance in the third degree, you need an experienced drug defense attorney, like Matthew Hug to work hard for you.

Contact an Albany criminal drug defense lawyer today at 518.283.3288 or complete our quick and easy contact form for your free initial consultation. We will assist you in reviewing your case and determine whether our Albany, NY based law firm is the right fit for you.