Illegal Possession of Prescription Drugs in New York

It is illegal for any person to possess any prohibited or controlled drugs without the proper prescription. Violators of this offense will be charged with illegal possession of prescription drugs, and may suffer penalties which include imprisonment and fines.

Penalties for Illegal Possession of Prescription Drugs

The penalty imposed for illegal possession of prescription drugs depends on the kind of drug involved, its volume and the number of convictions obtained by the offender. Illegal possession of prescription drugs range in severity from 4th to 1st degree offenses. A person is liable for the charges and penalties of illegal possession of prescription drugs when:

  1. One transfers or delivers an illegal prescription, knowing the recipient does not need the prescription drugs for medical purposes.
  2. Receives an actual prescription, while knowing that the seller has no legal authority to sell the prescription drug.

The following penalties are enforced for illegal possession of prescription drugs:

  1. 4th Degree: When a person commits prescription diversion act, he/she is charged under 4th This is a Class A Misdemeanor and is punishable by up to 1 year of imprisonment and a fine of up to $1,000.
  2. 3rd Degree: When an individual is arrested for committing the crime in the 4th Degree for the second time .This is a Class E Felony, punishable with a fine of $1,000 and up to four years in prison.
  3. 2nd Degree: This is a Class D Felony, and can lead to a fine of $3,000, punishable by up to seven years in prison.
  4. 1st Degree: A 1st degree charge incurs a fine of $50,000 and is a Class C Felony, punishable in New York by up to fifteen years in prison.

Talk to Drug Crime Attorney

Attorney Paul D. Petrus, Jr. is known for experience, hard work and consistency. He is a specialized drug crime attorney who reviews your case, explains your options, and advises you of the possible consequences. He will fight for mitigating, lowering, or dismissing the charges against you. Call today at 212-564-2440 or email at

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