What is NYPL § 220.03 - Criminal Possession of a Controlled Substance in the 7th Degree? - David Mejia Colgan
Episode notes
From David Mejia Colgan, Esq. - What is NYPL § 220.03 - Criminal Possession of a Controlled Substance in the 7th Degree? breaks down how New York Penal Law § 220.03 defines Criminal Possession of a Controlled Substance in the 7th Degree and what that charge means for people facing prosecution in the Bronx. The episode explores how this Class A misdemeanor applies to knowingly and unlawfully possessing any amount of a controlled substance, even in small quantities, and why cases regularly appear in Bronx Criminal Court. Drawing on the experience of Bronx drug defense lawyer David Mejia Colgan, Esq., a former Assistant District Attorney in the Bronx, the discussion explains how prosecutors build possession cases and where their evidence can fall apart.
Listeners will gain a clear understanding of what NY Penal Law 220.03 criminalizes, including the meaning of “knowing” and “unlawful” possession, and how weight thresholds determine whether a case remains a misdemeanor or is elevated to a felony under statutes like NYPL § 220.06, 220.09, or 220.16. The podcast reviews the penalties for seventh-degree possession—up to 364 days in jail, fines of up to $1,000, probation, and the long-term impact of a permanent criminal record on employment, licensing, immigration, and housing. It also discusses alternatives such as drug courts and an Adjournment in Contemplation of Dismissal (ACD), which may help certain defendants avoid incarceration.
The episode also details which substances fall under New York Public Health Law § 3306, including cocaine, crack cocaine, heroin, fentanyl, methamphetamine, oxycodone, hydrocodone, Percocet, Xanax, and Valium when possessed without a valid prescription. Important legal exceptions are covered, such as residual amounts in legally obtained hypodermic syringes and protections under New York Penal Law § 220.78, commonly known as the Good Samaritan Law for overdoses. These provisions reflect public health policy choices while still allowing the Bronx District Attorney’s Office to prosecute unlawful possession when statutory elements are met.
Finally, the podcast walks through practical defense strategies in Bronx courts, including challenging unlawful searches under the Fourth Amendment, raising Miranda issues, disputing constructive possession, asserting lack of knowledge, and presenting a valid prescription defense. It explains what happens at arraignment at 215 E. 161st Street, how a Desk Appearance Ticket (DAT) works, and what to expect as a case moves through pre-trial conferences and motion practice. With insight from NYU School of Law graduate David Mejia Colgan and his decades of experience in state and federal courts across New York, this episode offers essential guidance for anyone confronting a seventh-degree drug possession charge in New York City.
David Mejia Colgan, Esq
910 Grand Concourse, Bronx, NY 10451, United States
(718) 484-8820