The following excerpt is from People v. Ryan, 605 N.Y.S.2d 235, 626 N.E.2d 51, 82 N.Y.2d 497 (N.Y. 1993):
Taking hallucinogens as an example, knowing and unlawful possession of any amount, even a trace (see, People v. Mizell, 72 N.Y.2d 651, 655, 536 N.Y.S.2d 21, 532 N.E.2d 1249) is seventh degree possession (Penal Law 220.03); 25 milligrams or more, fourth degree (Penal Law 220.09[6]; 125 milligrams or more, third degree (Penal Law 220.16[10]; and 625 milligrams, second degree (Penal Law
Page 504
Our cases, too, have suggested that knowledge of the weight is an element. In People v. Scarborough (49 N.Y.2d 364, 374, 426 N.Y.S.2d 224, 402 N.E.2d 1127), for example, a case involving a similarly worded criminal sale of a controlled substance statute (see, Penal Law 220.41), we concluded "that there is no substance to defendant Scarborough's claim of insufficiency of proof on the issue of her knowledge of the weight or the nature of the contents of the glassine envelopes which she delivered to the buyer" (emphasis added).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.