New York & Federal Laws & Penalties for Heroin

Criminal possession in the 2nd degree (New York State Penal Law § 220.18)

An arrest for possession of 4 ounces or more of heroin or a heroin mixture is classified as criminal possession in the 2nd degree, a Class A-II felony punishable by 3 to 10 years in prison.  Second time offenders may face up to 14 years in prison, and a previous violent offenders could face 17 years.

Sale of Heroin – New York State

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Criminal possession in the 3rd degree (New York State Penal Law § 220.16)

An arrest for possessing heroin with intent to sell is classified as criminal possession in the 3rd degree, a Class B felony punishable by 1 to 9 years in prison.  Second time offenders may face up to 12 years in jail, and a previous violent offenders could face 15  years.

Criminal sale of a controlled substance in the 3rd degree (New York State Penal Law § 220.39)

An arrest for selling less than ½ ounce of heroin is classified as criminal sale of a controlled substance in the 3rd degree, a Class B felony punishable by 1 to 9 years in prison.  Second time offenders may face up to 12 years in jail, and a previous violent offenders could face 15  years.

Criminal sale of a controlled substance in the 2nd degree (New York State Penal Law § 220.41)

An arrest for selling ½ ounce or more of heroin or a heroin mixture is classified as criminal sale of a controlled substance in the 2nd degree, 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 offenders could face 17 years.

Criminal sale of a controlled substance in the 1st degree (New York State Penal Law § 220.43)

An arrest for selling 2 ounces or more of heroin or a heroin mixture is classified as criminal sale of a controlled substance in the 1st degree, a Class A-I felony punishable by 8 to 20 years in prison.  Second time offenders may face up to 24 years in jail, and previous violent offenders face 15 to 30  years.

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Federal Penalties for Heroin

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Possession of Heroin

The penalties for possession of heroin 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 heroin 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 heroin 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 heroin 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.

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Sale of Heroin

The penalties for the of sale or possession with intent to sell heroin 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 100g of a mixture containing heroin 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 100g or more but less than 1kg  of a mixture containing heroin 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 1kg or more  of a mixture containing heroin is punishable by up a minimum of 10 years in jail and a maximum of life in jail, as well as a maximum fine of $4,000,000.