# N.Y. PEN Law § 220.16: Criminal possession of a controlled substance in the third degree > New York · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.16 ## Section - **Citation:** N.Y. PEN Law § 220.16 - **Heading:** Criminal possession of a controlled substance in the third degree - **Jurisdiction:** New York - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** New York Code / Act PEN / Part 3 / Title M / Article 220 / Section 220.16 ## Text § 220.16 Criminal possession of a controlled substance in the third\n degree.\n A person is guilty of criminal possession of a controlled substance in\nthe third degree when he knowingly and unlawfully possesses:\n 1. a narcotic drug with intent to sell it; or\n 2. a stimulant, hallucinogen, hallucinogenic substance, or lysergic\nacid diethylamide, with intent to sell it and has previously been con-\nvicted of an offense defined in article two hundred twenty or the\nattempt or conspiracy to commit any such offense; or\n 3. a stimulant with intent to sell it and said stimulant weighs one\ngram or more; or\n 4. lysergic acid diethylamide with intent to sell it and said\nlysergic acid diethylamide weighs one milligram or more; or\n 5. a hallucinogen with intent to sell it and said hallucinogen weighs\ntwenty-five milligrams or more; or\n 6. a hallucinogenic substance with intent to sell it and said\nhallucinogenic substance weighs one gram or more; or\n 7. one or more preparations, compounds, mixtures or substances\ncontaining methamphetamine, its salts, isomers or salts of isomers with\nintent to sell it and said preparations, compounds, mixtures or\nsubstances are of an aggregate weight of one-eighth ounce or more; or\n 8. a stimulant and said stimulant weighs five grams or more; or\n 9. lysergic acid diethylamide and said lysergic acid diethylamide\nweighs five milligrams or more; or\n 10. a hallucinogen and said hallucinogen weighs one hundred\ntwenty-five milligrams or more; or\n 11. a hallucinogenic substance and said hallucinogenic substance\nweighs five grams or more; or\n 12. one or more preparations, compounds, mixtures or substances\ncontaining a narcotic drug and said preparations, compounds, mixtures or\nsubstances are of an aggregate weight of one-half ounce or more; or\n 13. phencyclidine and said phencyclidine weighs one thousand two\nhundred fifty milligrams or more.\n Criminal possession of a controlled substance in the third degree is a\nclass B felony.\n ## Nearby sections - [N.Y. PEN Law § 220.00 Controlled substances; definitions](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.00.md) - [N.Y. PEN Law § 220.03 Criminal possession of a controlled substance in the seventh degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.03.md) - [N.Y. PEN Law § 220.06 Criminal possession of a controlled substance in the fifth degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.06.md) - [N.Y. PEN Law § 220.09 Criminal possession of a controlled substance in the fourth degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.09.md) - [N.Y. PEN Law § 220.16 Criminal possession of a controlled substance in the third degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.16.md) - [N.Y. PEN Law § 220.18 Criminal possession of a controlled substance in the second degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.18.md) - [N.Y. PEN Law § 220.21 Criminal possession of a controlled substance in the first degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.21.md) - [N.Y. PEN Law § 220.25 Criminal possession of a controlled substance; presumption](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.25.md) - [N.Y. PEN Law § 220.28 Use of a child to commit a controlled substance offense](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.28.md) - [N.Y. PEN Law § 220.31 Criminal sale of a controlled substance in the fifth degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.31.md) - [N.Y. PEN Law § 220.34 Criminal sale of a controlled substance in the fourth degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.34.md) - [N.Y. PEN Law § 220.39 Criminal sale of a controlled substance in the third degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.39.md) - [N.Y. PEN Law § 220.41 Criminal sale of a controlled substance in the second degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.41.md) - [N.Y. PEN Law § 220.43 Criminal sale of a controlled substance in the first degree](https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.43.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NY_APEN_P3_TM_A220_S220.16. Check the current official text before relying on it. Not legal advice.