Drug Possession Attorney in Syracuse, NY

A drug possession attorney defends you when police say you knowingly had a controlled substance. Cambareri & Brenneck, PLLC is a Syracuse, NY criminal defense firm founded by former Onondaga County prosecutors. Depending on the evidence, a drug charge may be dismissed, reduced or sent to treatment court. Call 315-424-8326 for a free consultation.

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Syracuse Drug Possession Attorneys Who Used to Prosecute Drug Cases

In New York, the drug, the weight and what police say you planned to do with it decide whether you face a misdemeanor or a felony.

Most drug possession charges in New York come under Penal Law Article 220. The lowest charge, criminal possession of a controlled substance in the seventh degree, is a misdemeanor. From there, the charge climbs through five felony degrees based on:

The drug. Heroin, cocaine, fentanyl and other “narcotic drugs” carry the highest penalties. Pills, stimulants, hallucinogens, ketamine and others have their own weight limits.
The weight. For most drugs the law counts the aggregate weight of the whole mixture, including any cutting agent, not just the pure drug.
Intent to sell. Possession “with intent to sell” turns any amount of a controlled substance into a felony.

A drug arrest in Syracuse can also bring a second case you didn’t expect: a separate charge for drug paraphernalia, a weapon found nearby, or a DWAI drugs charge if you were driving.

Our drug possession attorneys know how these cases are built because they used to build them. Joe Centra handled drug and weapons cases in the Onondaga County District Attorney’s Narcotics Bureau. Scott A. Brenneck worked drug cases as a prosecutor in the Felony Trial Unit. Steve Cambareri spent nearly nine years as an Onondaga County ADA and handles narcotics cases today. We start where most drug cases are won or lost: the stop, the search and the proof that the drugs were yours.

Arrested for drug possession in Syracuse? Take these steps now

Don’t explain the drugs.

Not to police, friends, cellmates or on social media. “It’s not mine,” “I just use,” or “it’s only for me” can all be used against you, including to prove you knew the drugs were there. (Read: why speaking to police without a lawyer is risky.)

Don’t consent to more searches.

Say clearly, “I do not consent to a search.” Don’t physically resist.

Find your court date and charge.

Your appearance ticket or release papers list the court and the section of the Penal Law. Missing the date can lead to a warrant.

Keep your prescriptions.

If pills were involved, save the bottles, pharmacy records and the prescribing doctor’s name.

Call a drug possession attorney before your first court date.

Release conditions, treatment-court eligibility and plea offers are often shaped early. Call 315-424-8326. (See also: what to do after a criminal arrest in Syracuse.)

Drugs found in a car: New York's automobile presumption

Under Penal Law §220.25(1), a controlled substance found in a car is presumptive evidence that everyone in the car kncowingly possessed it. That is why passengers get charged. But the law lists three exceptions:

The driver is licensed and driving the car for hire (a taxi or rideshare driver, for example);
Someone in the car has a lawful prescription and the drugs are in the original container; or
the drugs are hidden on one person’s body.

A presumption is not proof. A jury may reject it, and it does not apply to a bus. Cannabis is no longer a “controlled substance” under Article 220, so this presumption is not used for legal amounts of cannabis. Guns have a separate presumption; see our weapons attorney page.

Drugs found in a house: the "room presumption"

A narrower rule, PL §220.25(2), applies only when a narcotic drug, narcotic preparation, marihuana or PCP is in open view in a private room under circumstances showing it was being mixed, packaged or prepared for sale. Then everyone in close proximity can be presumed to possess it. Being in an apartment where drugs were later found in a drawer is not enough for this presumption.

Is drug possession a misdemeanor or a felony in New York?

It depends on the drug, the weight and any intent to sell. Possessing any amount of a controlled substance is criminal possession in the seventh degree, a class A misdemeanor under PL §220.03. Possessing 500 milligrams or more of cocaine is a class D felony. One-eighth of an ounce or more of a mixture containing a narcotic drug is a class C felony. See the full table below.

What if the pills were prescription pills?

A valid prescription in your own name, with the pills in the pharmacy container, is a defense to possession. Having someone else’s prescription pills (oxycodone, Adderall or Xanax, for example) is not. Because the law counts the aggregate weight of the pills, a handful of tablets of a narcotic drug can cross a felony line. We check the pill count, the lab weight and whether the pills were actually tested.

How Our Drug Defense Attorneys Fight Possession Charges

The prosecutor must prove you knowingly and unlawfully possessed the drug, and that it weighed what they say it weighed. We test every step:

The stop and the search. Police need lawful grounds at each step of a street encounter or car stop. If they didn’t have them, we move to suppress the drugs. Under the MRTA, the odor of cannabis alone generally no longer justifies searching a car.

Knowing possession. Being near drugs is not possessing them. For drugs in a shared car, home or bag, the People must prove you knew they were there and could control them.

The presumption’s exceptions. We check whether the drugs were hidden on another person, in a prescription container, or in a vehicle the presumption doesn’t cover.

Field tests vs. the lab. Roadside color tests can give false positives. We demand the lab report, the analyst’s notes and the testing method.

The weight. The degree often turns on a few grams. We check the scale’s calibration, whether packaging was weighed, and how the aggregate weight was measured.

“Intent to sell.” Cash, a scale or baggies are not proof by themselves. We challenge the leap from possession to sale, which can be the difference between a misdemeanor and a felony.

Your statements. We check whether police questioned you in custody without Miranda warnings. Answers like “it’s mine” can be suppressed after a Huntley hearing.

The evidence the DA must share. Prosecutors must turn over body-camera video, lab files, chain-of-custody records and informant-related material on a deadline. Missing evidence can lead to sanctions or dismissal.

Overdose (Good Samaritan) protection. If drugs were found because you called 911 for an overdose, for yourself or someone else, seventh-degree possession and certain other charges may not apply.

Drug Possession Penalties in New York

These are the main Article 220 charges, what can trigger each one, and the sentence range for a person with no prior felony. Judges can also impose probation, treatment or, for most felonies, a jail sentence of a year or less instead of prison.

NY Drug Offense Penalties

Swipe to see all columns →

Charge	Statute	Class	What can trigger it (examples)	First felony drug offense	Max fine
Criminal possession of a controlled substance, 7th degree	PL §220.03	A misdemeanor	Any amount of a controlled substance	Up to 364 days in jail (no prison)	$1,000
Criminally using drug paraphernalia, 2nd degree	PL §220.50	A misdemeanor	Scales, baggies or cutting agents kept to package or sell drugs	Up to 364 days in jail	$1,000
Criminal possession, 5th degree	PL §220.06	D felony	Any controlled substance with intent to sell; cocaine 500 mg+; narcotic preparation ½ oz+; ketamine over 1,000 mg	1 to 2½ years	$5,000
Criminal possession, 4th degree	PL §220.09	C felony	Narcotic drug (heroin, cocaine, fentanyl) ⅛ oz+; methamphetamine ½ oz+; stimulant 1 g+; LSD 1 mg+; methadone 360 mg+	1 to 5½ years	$15,000
Criminal possession, 3rd degree	PL §220.16	B felony	Narcotic drug with intent to sell; narcotic drug ½ oz+; stimulant 5 g+	1 to 9 years	$30,000
Criminal possession, 2nd degree	PL §220.18	A-II felony	Narcotic drug 4 oz+; methamphetamine 2 oz+; stimulant 10 g+	3 to 10 years (lifetime probation possible)	$50,000
Criminal possession, 1st degree	PL §220.21	A-I felony	Narcotic drug 8 oz+; methadone 5,760 mg+	8 to 20 years	$100,000
Criminal sale, 5th degree	PL §220.31	D felony	Selling any controlled substance	1 to 2½ years	$5,000
Criminal sale, 3rd degree	PL §220.39	B felony	Selling a narcotic drug (any amount)	1 to 9 years	$30,000
Criminal sale in or near school grounds	PL §220.44	B felony	Sale on or near school grounds or a school bus	2 to 9 years	$30,000

Weights are aggregate weights of the mixture unless the statute says otherwise. Every state prison sentence includes post-release supervision. For class B through E drug felonies, the court may impose probation, or a definite sentence of one year or less if prison would be unduly harsh. A prior felony raises the ranges, for example to 2 to 12 years for a class B drug felony. Fines for drug felonies follow PL §80.00. Sources: PL Article 220, PL §70.70, PL §70.71. This table is general information, not legal advice about your case.

Criminal Possession of a Controlled Substance and Other Drug Charges We Defend

The charge on your paperwork decides your risk. These are the drug charges we defend most often in Syracuse City Court, the Onondaga County town courts and Onondaga County Court.

Seventh-degree possession (PL §220.03)

The most common drug charge in Syracuse. It is a class A misdemeanor for any amount of a controlled substance, even residue. Residue inside a used syringe or needle is excluded. A first-time seventh-degree case can often be resolved without a criminal conviction, through an adjournment in contemplation of dismissal (ACD), treatment court or a reduced charge. No outcome is guaranteed, and an early defense matters.

Felony possession: fifth through first degree (PL §§220.06–220.21)

These charges turn on weight and drug type. The jump from a class D felony to a class B felony can come down to a few grams of a mixture. That is why we look closely at how the drugs were weighed and tested, and whether the amount was really “aggregate” weight of a single mixture.

Possession with intent to sell

Police often add “intent to sell” based on cash, a scale, baggies or the way drugs were packed. Intent to sell raises any amount to a class D felony, and a narcotic drug with intent to sell to a class B felony. The prosecutor still has to prove intent, not just guess it.

Criminal sale and drug trafficking (PL §§220.31–220.44, 220.77)

In New York, “sell” includes giving, offering or agreeing to give drugs to someone, even for no money. Sale cases often come from a controlled buy with a confidential informant or an undercover officer. A drug trafficking attorney should test the informant’s reliability, the recordings and the chain of custody. Operating as a major trafficker is a class A-I felony. Some trafficking and conspiracy cases go to federal court; see our federal criminal defense page.

Prescription pills and fentanyl

Pills without a prescription in your name are one of the fastest-growing drug charges. Oxycodone, hydrocodone and fentanyl are treated as narcotic drugs, so the aggregate-weight thresholds apply. Fentanyl mixed into other drugs can raise the charge without the person knowing it was there, which goes straight to the “knowing” element.

Drug paraphernalia (PL §§220.50, 220.55)

Criminally using drug paraphernalia in the second degree is a class A misdemeanor, usually charged for scales, baggies, vials or cutting agents kept to package or sell drugs. A second conviction within a set period can be a class D felony. Pipes for personal use are treated differently, and cannabis accessories are legal for adults.

Cannabis over the legal limit (PL Article 222)

Adults 21 and over may possess up to 3 ounces of cannabis and 24 grams of concentrated cannabis. Possessing more than 16 ounces of cannabis, or more than 5 ounces of concentrate, is a class A misdemeanor, and larger amounts are felonies. Selling without a license is also a crime. Many older marijuana convictions were automatically expunged under the MRTA.

Drugs found with a gun

When police find drugs and a gun together, they usually charge both and argue the gun protected the drugs. We defend the drug counts here and coordinate with our weapons attorney team on the gun count.

Still waiting on the lab report?

Don’t wait to get advice. Bring your paperwork to a free consultation, and we’ll explain the charge, the weight and your options before your first court date.

How a Drug Case Moves Through Syracuse Courts

Where your case is heard depends on where you were arrested and how serious the charge is. Here is the usual path.

Arrest.

Syracuse Police, the Onondaga County Sheriff’s Office, New York State Police, a town police department or a joint task force makes the arrest.

Booking and release.

Many people get an appearance ticket. Others are booked at the Onondaga County Justice Center, 555 South State Street. Most drug possession charges are not bail-eligible under New York’s bail laws, but class A-I drug felonies are

Arraignment.

A drug charge in the City of Syracuse starts in Syracuse City Court, Criminal Part, 505 South State Street. Arrests in Clay, Salina, Cicero, DeWitt, Manlius, Camillus, Onondaga or Baldwinsville start in that town or village court.

Lab testing.

The seized drugs are sent to a lab, usually the Onondaga County Center for Forensic Sciences. Felony cases often wait on the lab report.

Grand jury.

For a felony, the prosecutor must present the case to an Onondaga County grand jury. If you are held in custody, strict time limits apply. You may have the right to testify. Talk to your lawyer first.

Discovery and motions.

The DA must share police reports, body-camera video and lab records. We ask the court to suppress illegal evidence at Mapp, Dunaway and Huntley hearings.

Treatment court or judicial diversion.

Eligible cases can be moved into treatment instead of a standard prosecution (see below).

Plea or trial.

Plea or trial. Indicted felonies are heard in Onondaga County Court, 401 Montgomery Street. Misdemeanors stay in City Court or the town court.

Outside Onondaga County:

Drug arrests in Auburn go to Auburn City Court (Cayuga County). Arrests in the City of Oswego go to Oswego City Court (Oswego County). Felonies in those counties go to Cayuga County Court and Oswego County Court.
For a plain-English overview of local practice, see our article on drug crime charges in Syracuse courts.

Drug Court and Judicial Diversion in Onondaga County

If addiction is part of what led to the arrest, treatment may be a path out of the case.

Syracuse Community Treatment Court.

Part of Syracuse City Court, it offers judge-supervised drug treatment for eligible people who live in Onondaga County and face non-violent misdemeanor or felony charges. Misdemeanor cases from Onondaga County town and village courts can be transferred there

Judicial diversion (CPL Article 216).

People charged with most class B, C, D and E drug felonies can ask for an alcohol and substance use evaluation, and for a hearing if the DA objects. The DA’s consent is not required. A judge decides

What success can mean.

Completing the program can lead to a dismissal, a reduced charge or a non-prison sentence, and some records can be conditionally sealed.

What it asks of you.

Regular court appearances, treatment, drug testing and, in many cases, a guilty plea up front that is withdrawn or reduced if you finish.

Our attorneys know how these programs work from the prosecution side. We tell you honestly whether you’re likely to qualify and whether diversion is a better deal than fighting the charge.

Collateral Consequences of a Drug Conviction

A criminal record.

Even a misdemeanor drug conviction shows up on background checks.

Immigration

Almost any controlled substance conviction can make a non-citizen deportable or inadmissible. There are narrow exceptions for small amounts of marijuana. Talk to us before any plea.

Gun rights.

A felony conviction bars you from owning guns, and federal law also bars unlawful drug users from possessing firearms.

Jobs and professional licenses.

Nurses, pharmacists, teachers, CDL drivers and others may face licensing action or have to report the conviction.

Housing.

Public and subsidized housing can deny or end a lease over drug-related criminal activity.

College students.

Students at Syracuse University, SUNY Oswego, Le Moyne, OCC and SUNY ESF can face campus discipline on top of the criminal case. See university discipline and Title IX.

Future sentences.

A drug felony counts as a predicate. A second felony within 10 years means a higher mandatory prison range

Sealing

Dismissed cases are sealed. The Clean Slate Act automatically seals many convictions after a waiting period: 3 years for misdemeanors and 8 years for felonies after sentence or release. You may also apply to seal up to two convictions after 10 years.

MEET THE TEAM

Meet Your Syracuse Drug Crime Lawyers

Cambareri & Brenneck was founded by, and is made up of, former Onondaga County prosecutors. On a drug case, that means lawyers who have worked with narcotics detectives, lab analysts and treatment courts from the other side, and know where those cases break down.

Joe Centra, Esq.

Attorney

Former ADA, Narcotics Bureau: drug and weapons cases

Scott A. Brenneck

Partner, Attorney

Former ADA, Felony Trial Unit; drug, DWI and homicide cases

Steve Cambareri

Partner

Former ADA; narcotics, white-collar and DWI defense

Hon. John V. Centra (Ret.)

Special Counsel

Former ADA; retired Appellate Division justice

Melissa K. Swartz

Attorney

Trial, appeals and post-conviction

Joe Centra, Esq.

Attorney

Former ADA, Narcotics Bureau: drug and weapons cases

Scott A. Brenneck

Partner, Attorney

Former ADA, Felony Trial Unit; drug, DWI and homicide cases

Steve Cambareri

Partner

Former ADA; narcotics, white-collar and DWI defense

Hon. John V. Centra (Ret.)

Special Counsel

Former ADA; retired Appellate Division justice

Melissa K. Swartz

Attorney

Trial, appeals and post-conviction

WHY CHOOSE US

Why Hire Former Prosecutors as Your Drug Possession Lawyer

A Former Narcotics Prosecutor on Your Side

Joe Centra worked drug cases in the Onondaga County DA's Narcotics Bureau. He knows how these cases are charged, and where they're weak.

We Check the Lab and the Scale

The degree of a drug charge can turn on a few grams. We test the weight, the lab method and the chain of custody, not just the police report.

Treatment When It Fits

We know Syracuse's treatment court and judicial diversion process, and we'll tell you honestly whether it beats fighting the charge.

Free, Confidential Consultation

Call 315-424-8326 or send a message. Bring your appearance ticket or release papers.

AREAS WE SERVE

Drug Charge Lawyer for Syracuse & Central New York

Syracuse, NY

Downtown office at 300 South State Street. Cases in Syracuse City Court and Onondaga County Court.

Onondaga County towns

Clay, Salina, Cicero, DeWitt, Manlius, Camillus, Onondaga and Baldwinsville town and village courts.

Auburn (Cayuga County)

Auburn City Court and Cayuga County Court.

Oswego (Oswego County)

Oswego City Court and Oswego County Court.

FAQS

Syracuse Drug Possession FAQs

Is drug possession a felony in New York?

It can be. Possessing any amount of a controlled substance is seventh-degree criminal possession, a class A misdemeanor under Penal Law §220.03. The charge becomes a felony based on the drug, the aggregate weight, or proof that you meant to sell it. For example, 500 milligrams or more of cocaine is a class D felony.

What happens for a first-time drug possession charge in NY?

It depends on the charge. A first-time misdemeanor possession case can often end without a criminal conviction, through an adjournment in contemplation of dismissal, a reduced charge or treatment court. A first-time felony can mean probation, judicial diversion or a prison range starting at one year. A drug possession attorney can tell you which outcomes are realistic.

Can everyone in a car be charged for drugs found inside?

Yes. Under Penal Law §220.25, drugs found in a car are presumptive evidence that every person inside knowingly possessed them. But the presumption does not apply to a licensed for-hire driver, to drugs in a lawful prescription container, or when the drugs are hidden on one person’s body. A jury can also reject it.

Is marijuana still illegal in New York?

Not for adults in small amounts. Since 2021, adults 21 and over may possess up to 3 ounces of cannabis and 24 grams of concentrate. Possessing more than 16 ounces, or selling without a license, is still a crime, and large amounts are felonies. Many older marijuana convictions were automatically expunged.

What is criminal possession of a controlled substance in the 7th degree?

It is New York’s lowest drug possession charge. Under Penal Law §220.03, a person commits it by knowingly and unlawfully possessing any amount of a controlled substance. It is a class A misdemeanor, with up to 364 days in jail. Residue in a used syringe and drugs found because someone called 911 for an overdose are excluded.

Can I go to drug court instead of jail in Syracuse?

Possibly. The Syracuse Community Treatment Court handles eligible non-violent cases for people who live in Onondaga County. People charged with most class B through E drug felonies can also ask a judge for judicial diversion under CPL Article 216, even if the DA objects. Finishing treatment can lead to a dismissal or a reduced charge.

How much does a drug possession attorney cost in Syracuse?

It depends on the charge and the work involved. A misdemeanor case usually costs less than a felony that needs suppression hearings, lab review or a trial. Ask any lawyer for a clear fee agreement in writing. Cambareri & Brenneck offers a free consultation, so you can learn your options before you decide. Call 315-424-8326.

How do you beat a drug possession charge in New York?

Most wins come from the stop, the search or the proof of possession. If police lacked lawful grounds, the drugs can be suppressed. If the drugs were in a shared space, the People must prove you knew about them. A drug defense lawyer also checks the lab result, the weight and any claim of intent to sell. No lawyer can promise a result.

Can a drug possession charge be sealed in New York?

Often, yes. A dismissed case is sealed. The Clean Slate Act automatically seals many convictions three years after sentencing for misdemeanors and eight years after sentencing or release for felonies. Completing judicial diversion can also lead to conditional sealing. Some people can apply to seal up to two convictions after 10 years.

Which court will hear my drug case in Onondaga County?

It depends on where you were arrested. A drug charge in the City of Syracuse starts in Syracuse City Court. Arrests in Clay, Salina, Cicero, DeWitt, Manlius, Camillus or another town start in that town’s court. Felonies move to Onondaga County Court after an indictment. Auburn and Oswego have their own city and county courts.

Reviewed by Joe Centra, former Onondaga County Assistant District Attorney (Narcotics Bureau). Last updated October 2026

Free Confidential Consultation Drug possession attorney

Charged with a drug crime? Tell us briefly what you’re charged with and when your next court date is. A member of our team will get back to you quickly. You can also call 315-424-8326.

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315-424-8326

info@yourcriminaldefense.com

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300 South State Street 1st Floor, Syracuse, NY 13202

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