Drugs and Alcohol Penal Law
Summary of State and Federal Laws Regarding Possession and Distribution of Illegal Drugs
- New York Law Narcotic and Marijuana Offenses
- Simple Possession: Depending upon the drug and the quantity possessed this offense may be a misdemeanor
(Class A or B) or a felony (Class A-I, A-II, B, C, D or E). Private possession of less than 25g of a substance,
compound or mixture containing marijuana is a violation.
- Possession Plus Intent to Sell: A Class B, C or D felony depending upon the drug, the quantity of the drug
involved and whether the accused has any prior convictions for drug-related offenses. Does not apply to
marijuana.
- Sale of Narcotics or Marijuana: Generally, a felony of varying degree depending upon the drug and the quantity
sold. It is a Class B misdemeanor to transfer (for no money) one marijuana cigarette or less than 2g of marijuana
to an adult (18 years of age or older), and a Class A misdemeanor to sell up to 25g of marijuana to an adult; all
other offenses involving the sale of marijuana are felonies.
- Potential Penalties for Conviction
- Marijuana Violation: First offense, fine up to $100; second offense, fine up to $200; third offense, fine up to
$250 and/or imprisonment for up to 15 days. Conditional discharge (similar to probation) plus fine also
possible. Surcharges and victim assistance fees of $45.
- Class B Misdemeanor: Imprisonment for up to 3 months, conditional discharge, fine to $500,
restitution/reparation, or a combination of the above. Surcharges and victim assistance fees of $90.
- Class A Misdemeanor: Imprisonment for up to one year, conditional discharge, fine to $1,000,
restitution/reparation, or a combination of the above. Surcharges and victim assistance fees of $90.
- Felonies: Depending upon the offense and whether the accused has prior felony convictions, penalties may
include imprisonment (mandatory for Class A, B and C felonies) for terms ranging from less than one year
up to life, fines ranging from $5,000 or less up to $100,000, property forfeiture, probation or conditional
discharge and restitution/reparation.Also possible: lifetime probation in return for material assistance to law
enforcement (not available for Class A-I felonies). Surcharges and victim assistance fees of $155.
- Federal Law Controlled Substances (Including Marijuana)
- Simple Possession: Punishable by imprisonment of up to one year, a fine of at least $1,000, or both. If accused
has one or more prior convictions for drug-related offenses, imprisonment becomes mandatory for 15 to 90
days and fines increase to a minimum of $2,500 to $5,000. Penalties for possession of at least 5g of crackcocaine
include a mandatory jail term of 5 to 20 years and a minimum fine of $1,000; the quantity of the drug required
for penalty decreases if the accused has prior drug-related convictions. A person convicted of possession is also
subject to a fine for the costs of investigation and prosecution of the offense. Possession of a personal use amount
of certain controlled substances (including but not limited to LSD, heroin, cocaine and marijuana) is punishable
by a civil penalty of up to $10,000 for each offense.
- Manufacture, Distribution, Dispensation and Possession With the Intent to Manufacture, Distribute or Dispense:
Depending upon the substance involved and the quantity, penalties may include imprisonment for prescribed
terms of from less than one year to life, supervised release (probation), criminal fines ranging from $1,000 to
more than $1,000,000, and forfeiture of property that constitutes or is derived of proceeds obtained as a result
of the offense or that was used or intended to be used in committing or facilitating commission of the offense.
Penalties are subject to doubling or tripling for distribution to persons under the age of 21, distribution or
manufacture in or near a school or College and if the accused has prior drug-related convictions.
- Attempt and Conspiracy:Attempts to commit drug offenses and conspiracy to commit such offenses are subject
to the same penalties as those prescribed for the offense itself.
Summary of State and City Alcohol Laws
- Age of Majority—Unlawful Consumption Under 21: It is illegal for anyone under the age of 21 to consume alcoholic
beverages, or to possess alcohol with the intention of consuming it.Any person who unlawfully possesses an alcoholic
beverage with intent to consume may be summoned before and examined by a court having jurisdiction. Such persons
are not subject to arrest. However, persons found in violations of this law may have a fine imposed by the court not
exceeding $50 and/or completion of an alcohol awareness program, and/or an appropriate amount of community
service not to exceed 30 hours.
- Age of Majority—Prohibited Deliveries and Sales: No person shall sell, deliver, give away, cause, permit or procure to
be sold, delivered or given away any alcoholic beverages to any person, actually or apparently, under the legal age of 21.
Violations of this section are deemed misdemeanors.
- Age of Majority—Prohibited Deliveries and Sales: No person shall sell, deliver, give away, cause, permit or procure to
be sold, delivered or given away any alcoholic beverages to any visibly intoxicated person.Violations of this section are
deemed misdemeanors.
- Age of Majority—Fraudulent Means: No person under the age of 21 may present or offer false or fraudulent written
identification of age, or the identification of another, for the purpose of purchasing or attempting to purchase any
alcoholic beverages. If one is found to have done, he or she is guilty of a violation punishable by a fine of not more
than $100, and/or an appropriate amount of community service not to exceed 30 hours and/or completion of an
alcohol awareness program. Further, upon determination of a violation of this section, a court may suspend the violator’s
New York driver’s license for 90 days.
- Liability for Promoting or Causing Minor’s Intoxication
- Furnishing or Assisting:Any person injured in person, property, means of support or otherwise by reason of the
intoxication or impairment of ability of any person under 21 shall have the right of action to recover actual
damages against any person who knowingly causes such intoxication or impairment of ability by unlawfully
furnishing to or unlawfully assisting in procuring alcoholic beverages for such person with knowledge or
reasonable cause to believe that such person was under 21 years old.
- Selling or Assisting: Any person injured in person, property, means of support or otherwise by reason of the
intoxication of any person shall have a right of action against any person who shall, by unlawfully selling to or
unlawfully assisting in procuring liquor for such intoxicated person, have caused or contributed to such
intoxication; and in any such action such person has a right to recover actual and exemplary damages.
- City of Yonkers ordinances prohibit the possession of open containers containing alcoholic beverages in any area to
which the public is invited and which is not fully enclosed, including private streets open to public vehicular traffic.
Violations are deemed Class III offenses, punishable by criminal fines of not more than $250 and civil penalties of not
more than $500. Repeat offenders may face fines and penalties of up to $2,500 and $10,000, respectively, and/or
imprisonment of up to one year.
