In New York state, penalties for sale of a controlled dangerous substance vary, based on the type of drug sold and the amount. A drug's type, or “schedule,” depends on its level of potential harm to the human body, its addictive nature, and any potential medical value. Schedule I drugs, for example, are the most dangerous and addictive, while Schedule V drugs are the least dangerous and may have a palliative or other medical benefit.
Regardless of a drug's schedule, sale of a controlled dangerous substance is prosecuted as a felony in the state of New York. Typically, the more dangerous the drug, the more serious a felony its sale will carry. For example, it is a class B felony to sell a narcotic, a stimulant weighing one gram or more, a hallucinogenic substance of one gram or more, or a methamphetamine compound weighing at least one-eighth of an ounce. An individual arrested for one of these offenses would be charged with criminal sale of a controlled substance in the third degree. Lesser violations lead to Class C or Class D felony charges, which again vary, depending on the type and weight of the compound sold.