Created by FindLaw's team of legal writers and editors | Last reviewed March 26, 2018
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Heroin has been brought back on the radar of law enforcement due, in part, to some of the higher profile heroin deaths in recent years. Heroin and other narcotics remain illegal under both federal and state law and New York's laws pertaining to the possession, sale and trafficking of heroin are quite harsh. That being said, New York does provide treatment options for those suffering from heroin addiction.
For more information on New York's laws relating to heroin, a Schedule I controlled substance, see the chart below.
| Code Section |
|
| Possession | Knowingly possessing any amount is a Class A misdemeanor. Possession can become a felony as follows:
|
| Sale | Knowingly selling any amount is a Class D felony, but this can increase as follows:
|
| Trafficking | A conviction of being a major trafficker is considered a Class A-I felony. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
For additional information and resources related to New York drug laws, see the links below:
If you're facing criminal charges in New York related to the possession, use, or sale of heroin, you can face a wide range of criminal charges each subject to its own set of penalties. What's important to remember is that the prosecutor has the burden to prove, beyond any reasonable doubt, all elements of the charges against you. An experienced New York criminal defense attorney understands these elements and this extremely high burden and can be your strongest advocate at trial.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
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