New York Penalties for Crystal Methamphetamine (Crystal Meth)
Possession of Crystal Methamphetamine (Crystal Meth)
An arrest for possessing less than ½ of an ounce of methamphetamine or a mixture containing methamphetamine is classified as criminal possession in the 7th degree (New York State Penal Law § 220.03), a Class A misdemeanor which carries a penalty of up to one year in jail.
An arrest for possession of ½ of an ounce or more of methamphetamine or a mixture containing methamphetamine is classified as criminal possession in the 4th degree (New York State Penal Law § 220.09), a Class C felony punishable by 1 to 5½ years in prison. Second time offenders may face up to 8 years in prison, and a previous violent offender could face 9 years.
An arrest for possession of 2 ounces or more of methamphetamine or a mixture containing methamphetamine is classified as criminal possession in the 2nd degree (New York State Penal Law § 220.18), a Class A-II felony punishable by 3 to 10 years in prison. Second time offenders may face up to 14 years in in prison, and a previous violent offender could face 17 years.
Sale of Crystal Methamphetamine (Crystal Meth)
An arrest for selling less than 1/8 of an ounce of methamphetamine or a mixture containing methamphetamine cocaine is classified as criminal sale of a controlled substance in the 5th degree (New York State Penal Law § 220.31), a Class D felony punishable by 1 to 2½ years in prison. Second time offenders may face up to 4 years in prison, and a previous violent offender could face 4½ years.
An arrest for possessing 1/8 of an ounce or more of methamphetamine or a mixture containing methamphetamine with intent to sell is classified as criminal possession in the 3rd degree (New York State Penal Law § 220.16), a Class B felony punishable by 1 to 9 years in prison. Second time offenders may face up to 12 years in prison, and a previous violent offender could face 15 years.
An arrest for selling 1/8 of an ounce or more of methamphetamine or a mixture containing methamphetamine is classified as criminal sale of a controlled substance in the 3rd degree (New York State Penal Law § 220.39), a Class B felony punishable by 1 to 9 years in prison. Second time offenders may face up to 12 years in prison, and a previous violent offender could face 15 years.
An arrest for selling ½ ounce or more of methamphetamine or a mixture containing methamphetamine is classified as criminal sale of a controlled substance in the 2nd degree (New York State Penal Law § 220.41), a Class A-II felony punishable by 3 to 10 years in prison. Second time offenders may face up to 14 years in jail, and a previous violent offender could face 17 years.
Arrested?
Call us now: (212) 679-1990
Federal Penalties for Crystal Methamphetamine
Possession of Crystal Methamphetamine (Crystal Meth)
The penalties for possession of crystal meth are set forth in 21 U.S.C. § 844 (*Note: these penalties are for possession only. Possession of even a small amount will usually be charged as possession with intent to distribute):
- A first conviction for possession of any amount of crystal meth is punishable by up to 1 year in jail, as well as a minimum fine of $1,000.
- A second conviction for possession of any amount of crystal meth is punishable by up to a minimum time in jail of 15 days and a maximum period of 2 years, as well as a minimum fine of $2,500.
- A third conviction for possession of any amount of crystal meth is punishable by up to a minimum time in jail of 90 days and a maximum period of 3 years, as well as a minimum fine of $5,000.
Sale of Crystal Methamphetamine (Crystal Meth)
The penalties for the of sale or possession with intent to sell crystal meth are set forth in 21 U.S.C. § 841 (*Note: these are the penalties for the first conviction with no enhancing factors):
Sale or possession with intent to sell less than 5 grams of crystal meth or less than 50 grams of a mixture containing crystal meth is punishable by up to 20 years in jail, as well as a maximum fine of $1,000,000.
Sale or possession with intent to sell 5 grams or more of crystal meth or 50 grams or more of a mixture containing crystal meth is punishable by up a minmum of 5 years in jail and a maximum of 40 years in jail, as well as a maximum fine of $2,000,000.
Sale or possession with intent to sell 50 grams or more of crystal meth or 50 grams or more of a mixturecontaining crystal meth is punishable by up a minmum of 10 years in jail and a maximum of life in jail, as well as a maximum fine of $4,000,000.
Additional Information
Frequently asked Questions about Drug Crimes
Have you been charged with a crystal meth drug offense in New York?
Contact us today for a free consultation: (212) 679-1990
