Drug Possession: Criminal Possession of a Controlled Substance in the Fourth Degree

Criminal possession of a controlled substance in the fourth degree is a class “C” felony, and the charge is extremely serious. There are fifteen different ways you can be charged with this offense, and some are more common than others. This drug offense contains the first reference to methamphetamine, making that drug more dangerous to be in possession of than a number of others. In fact, you can be charged with this class “C” felony even if you only have the preparations for methamphetamine.

Common Offenses for Criminal Possession of a Controlled Substance in the Fourth Degree

  • If caught in possession of one-half ounce or more of preparations, compounds, mixtures or substances containing methamphetamine, you will be charged with criminal possession of a controlled substance in the fourth degree.
  • It takes two ounces or more of preparations, compounds, mixtures or substances of any other narcotic to lead to a charge of criminal possession of a controlled substance in the fourth degree.
  • You can also be charged with this offense if you are in possession of one gram or more of a stimulant.
  • LSD is also chargeable under this statute, and makes it a class “C” felony to be caught in possession of as little as one milligram of it. While a possession of at least 25 milligrams of a hallucinogen requires possession of at least 25 milligrams to be so charged. And possession of one gram of a hallucinogenic substance is required before you can be charged with criminal possession of a controlled substance in the fourth degree.

Other Ways You Could Be Charged

You can also be charged with criminal possession of a controlled substance in the fourth degree if you are in possession of:

  • 1/8 of an ounce of any preparation of a narcotic drug
  • 10 ounces or a dangerous depressant
  • 2 pounds of a depressant
  • 1 ounce of concentrated cannabis
  • 250 milligrams of phencyclidine, or
  • 50 milligrams of phencyclidine w/intent to sell with a previous conviction for possession of phencylidine
  • 360 milligrams of methadone
  • 4,000 milligrams of ketamine
  • 200 grams of gamma hydroxybutyric acid (a.k.a. date rape drugs)

If convicted of criminal possession of a controlled substance in the forth degree — a class “C” felony — you will be exposed to as much as 5 1/2 years in prison. You will also be saddled with a life-long felony criminal record.

Similar to other degrees of criminal possession of a controlled substance, these cases are extremely fact sensitive and require immediate attention by an experienced criminal defense lawyer that has a demonstrated acumen for fighting drug cases.

Some of these drugs cases are rarely seen by most criminal defense attorneys, but Matthew C. Hug has dealt with many of these unusually charged versions of the offense.

About Albany NY Criminal Lawyer Matthew Hug

Matthew Hug of Hug Law, PLLC is a criminal lawyer in Albany NY serving Upstate New York’s Capital Region. He has had years of experience fighting criminal defense cases – including drug crimes – and works tirelessly to defend his clients.

Have you been accused of a criminal possession charge and live in Albany, Saratoga, Troy, or in Upstate NY? Contact Matthew Hug today or call him at 518.238.3288.

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Drug Possession: Criminal Possession of a Controlled Substance in the Fifth Degree
Drug Possession: Criminal Possession of a Controlled Substance in the Third Degree