New York Heroin Laws

Created by FindLaw's team of legal writers and editors.

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.

Overview Of New York Heroin Laws

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:

  • Over 500 mg.: Class D felony;
  • Over 1/8 oz.: Class C felony;
  • Over 1/2 oz.: Class B felony;
  • Over 4 oz.: Class A-II felony;
  • Over 8 oz.: Class A-I felony;
  • Any amount of a controlled substance with the intent to sell: Class D felony;
  • Any amount of narcotic drug with intent to sell: Class B felony
Sale

Knowingly selling any amount is a Class D felony, but this can increase as follows:

  • Over 1/2 oz.: Class A-II felony;
  • Over 2 oz.: Class A-I felony;
  • On school grounds or sale to someone under 21: Class B felony
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.

New York Heroin Laws: Additional Resources

For additional information and resources related to New York drug laws, see the links below:

Facing Heroin Charges? Contact a Local Attorney Today

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.

Next Steps: Search for a Local Attorney

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