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A person is guilty of criminal possession of a controlled substance in the seventh degree when he or she knowingly and unlawfully possesses a controlled substance; provided, however, that it shall not be a violation of this section when a person possesses a residual amount of a controlled substance and that residual amount is in or on a hypodermic syringe or hypodermic needle obtained and possessed pursuant to section thirty-three hundred eighty-one of the public health law, which includes the state’s syringe exchange and pharmacy and medical provider-based expanded syringe access programs; nor shall it be a violation of this section when a person’s unlawful possession of a controlled substance is discovered as a result of seeking immediate health care as defined in paragraph (b) of subdivision three of section 220.78 of the penal law, for either another person or him or herself because such person is experiencing a drug or alcohol overdose or other life threatening medical emergency as defined in paragraph (a) of subdivision three of section 220.78 of the penal law.
Criminal possession of a controlled substance in the seventh degree is a class A misdemeanor.
NY Penal Law § 220.03: Criminal possession of a controlled substance in the seventh degree.
NY Penal Law § 220.03: Criminal possession of a drug within the seventh degree
Criminal possession of a drug within the seventh degree is one among the smallest amount serious drug crimes. It could be a misdemeanor. You can have committed this crime below New York Penal Code § 220.03 if you wittingly and unlawfully possess a controlled substance. The public prosecutor will charge you with this offense if the number of medication you possess isn’t enough to warrant a law-breaking drug possession charge. For example, if you injected yourself or somebody else with hard drug going away solely a trace amount of heroin in the hypodermic needle, the prosecutor may charge you with ownership of a drug within the seventh degree.
Several people are in a woman’s apartment smoking marijuana and snorting cocaine. One of the woman’s friends starts to have a seizure and then passes out. The woman calls 911. Paramedics and the police arrive at the apartment and provide medical assistance to the friend. The police notice traces of cocaine on a table in the apartment. Although the woman possessed cocaine, she could not be prosecuted because the only reason the police discovered the cocaine was because the woman called for emergency medical services to help the friend.
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