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Drug Possession Lawyers in Schenectady, New York

Facing Charges? You’ve Come to the Right Place.

If you think the “War on Drugs” is coming to an end as more states decriminalize drug possession, we urge you to think again. Drug possession continues to be one of the most highly sought-after crimes in the US and law enforcement agencies are often successful in their attempts to arrest as many suspects as possible. Since drugs are viewed as a public safety threat, prosecutors tend to go above and beyond to put drug possession defendants behind bars.

As such, you need a lawyer who will go above and beyond to fight for your freedom and defend your charges no matter what you’re up against. That’s why our Schenectady drug possession lawyers are right for you. We bring 150+ years of combined legal experience to the table and a track record for successful results, meaning we have what it takes to stand up for your rights and prevail. Our team of lawyers believes that no one should suffer jail time, stiff fines, and a criminal record for drug possession, so we will work tirelessly to prevent that from happening on your behalf.

Get started on your defense right away by reaching out to us at (518) 299-0314!

Controlled Substance Schedules

Your drug possession charges will depend on the type of controlled substance in question. The federal Drug Enforcement Administration (DEA) organizes controlled substances into 5 categories based on their abuse potential and accepted medical use. Schedule I drugs are deemed the most dangerous while Schedule V drugs are seen as the least dangerous, as you can see below:

  • Schedule I: Drugs with no currently accepted medical use and a high potential for abuse. Examples include heroin, LSD, marijuana, ecstasy, methaqualone, and peyote.
  • Schedule II: Drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. These drugs are considered dangerous and include cocaine, methamphetamine, oxycodone, fentanyl, Dexedrine, Adderall, and Ritalin.
  • Schedule III: Drugs with a moderate to low potential for physical and psychological dependence and an abuse potential that is less than Schedule I and Schedule II drugs but more than Schedule IV. Examples include Products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, and testosterone.
  • Schedule IV: Drugs with a low potential for abuse and low risk of dependence. They include Xanax, Soma, Darvon, Darvocet, Valium, and Tramadol.
  • Schedule V: Drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. They are typically used for antidiarrheal, antitussive, and analgesic purposes.

What Are the Penalties for Drug Possession in New York?

Many people ask themselves what will happen if they get convicted of drug possession. Understandably, most defendants simply want to avoid going to jail, but you should know that New York imposes thousands of dollars in fines in addition to jail time for most possession crimes. For more information on the specific punishments for drug possession in New York, continue reading below.

Class A misdemeanor: Possessing a controlled substance is a 7th-degree crime punishable by up to 1 year in prison and/or $1,000 fines.

Class D felony: Possessing any of the following is a 5th-degree offense punishable by 1 to 2.5 years in prison and/or $5,000 fines.

  • A controlled substance with intent to sell
  • At least ½ oz preparations containing narcotics preparations
  • At least 50 mg phencyclidine (PCP)
  • At least ¼ oz concentrated cannabis preparation
  • At least 500 mg cocaine
  • At least 1,000 mg ketamine
  • Ketamine with a prior conviction of ketamine possession
  • At least 28 g of gamma hydroxybutyric acid (GHB)

Class C felony: Possessing any of the following controlled substances is a 4th-degree offense punishable by 1 to 5.5. years in prison and/or a maximum $15,000 fine.

  • At least ⅛ oz preparations containing a narcotic drug
  • At least 1 mg lysergic acid diethylamide (LSD)
  • At least 25 mg hallucinogen
  • At least 2 lbs. of depressants
  • At least 1 oz of concentrated cannabis preparation
  • At least 250 mg PCP
  • At least 360 mg methadone
  • At least 4,000 mg ketamine
  • At least 200 g GHB

Class B felony: It is a 3rd-degree crime to possess the controlled substances below. A conviction will result in 1 to 9 years in prison and/or up to $30,000 fines.

  • A narcotic with intent to sell
  • A stimulant, hallucinogen, hallucinogenic substance, or LSD with intent to sell and a prior drug conviction
  • At least 1 g stimulant with intent to sell
  • At least 1 mg LSD with intent to sell
  • At least 25 mg hallucinogen with intent to sell
  • At least ⅛ oz preparations containing methamphetamine or its precursors with intent to sell
  • At least 5 g stimulants
  • At least 5 mg LSD
  • At least 125 mg hallucinogens
  • At least 1,250 mg PCP

Class A-II felony: Possessing any of the following illicit substances is a 2nd-degree crime punishable by 3 to 10 years in prison and/or $50,000 fines.

  • At least 4 oz preparations containing a narcotic drug
  • At least 10 g stimulants
  • At least 25 mg LSD
  • At least 625 mg of a hallucinogen
  • At least 25 g hallucinogenic substance
  • At least 2,880 mg methadone

Class A-I felony: The most serious offense, possessing any of the controlled substances below is a 1st-degree offense punishable by 8 to 20 years in prison and/or up to $100,000 fines.

  • At least 8 oz preparations containing a narcotic drug
  • At least 5,760 oz of methadone

Can I Get My Drug Possession Charges Dropped?

With the help of a seasoned attorney, you may be able to get your drug possession charges reduced or dropped altogether. Although it can be challenging to negotiate for a favorable outcome with prosecutors who only care about convictions, Our Schenectady drug possession attorneys have proven time after time that we have the knowledge, resources, and experience needed to help you come out on top. Let’s get to work.

Schedule your free case review online or by calling (518) 299-0314 today!

The Benefits of Having Our Team in Your Corner

  • Experience

    Collectively, we've been practicing law for over 150 years and have been named among the most experienced law firms in the Capital Region Business Review.

  • Trial Lawyers

    We've had extensive trial experience with all types of personal injury cases, recovering millions for our clients in both settlements and verdicts.

  • Peer Recognition

    Other attorneys come to us for counsel, as we teach numerous seminars and conferences each year.

  • 24/7 Availability

    We are wholly dedicated to our clients' needs, offering availability 24/7 to take care of any legal matters.