New York Penal Code 220.31: Criminal Sale of a Controlled Substance

New York Penal Code 220.31 makes it illegal to knowingly and unlawfully sell a controlled substance. This law is part of Article 220 of New York's penal code, which covers controlled substance offenses. Let's take a closer look at what this law means and the penalties someone could face if convicted.

What Does 220.31 Prohibit?

Under 220.31, it's a crime to sell any amount of a controlled substance without legal authorization. Controlled substances are drugs categorized under federal and state drug laws based on their potential for abuse and addiction. This includes illegal drugs like cocaine, heroin, LSD and marijuana. It also covers certain prescription medications like painkillers, sedatives, stimulants and steroids. To be convicted under 220.31, the prosecution must prove beyond a reasonable doubt that the defendant:
  • Knowingly and intentionally sold a controlled substance
  • Did not have legal authority to sell the substance, such as being a pharmacist
  • Knew the substance they sold was a controlled substance
The sale can involve any amount of a controlled substance, no matter how small. "Sale" is defined broadly and includes exchanging drugs for money or other goods, like a trade. Sharing drugs with someone else could also potentially be considered a sale under the law.

Penalties for Criminal Sale of a Controlled Substance

Selling any amount of a controlled substance in violation of 220.31 is a Class D felony under New York law. The possible penalties include:
  • 1 to 2.5 years in state prison
  • Up to $5,000 in fines
  • Post-release supervision for 1-1.5 years
The penalties increase if the sale takes place near school grounds or involves larger quantities. Selling drugs on or near school grounds bumps the crime up to a Class C felony. The possible prison sentence increases to 1 to 5.5 years. Selling larger amounts of drugs is covered under other sections of Article 220:
  • 220.34 - Selling narcotic drugs of an aggregate weight of 1/2 ounce or more
  • 220.39 - Selling one or more preparations, compounds, mixtures or substances containing methamphetamine, its salts, isomers or salts of isomers of an aggregate weight of one-eighth ounce or more
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These crimes are Class B felonies with harsher penalties of up to 9 years in prison.

Defenses to 220.31 Charges

There are several legal defenses that could potentially beat a 220.31 charge, including:
  • No intent to sell - If the drugs were for personal use, not sale, then 220.31 would not apply.
  • No knowledge - The defendant did not know the substance was illegal or a controlled substance.
  • Entrapment - Law enforcement induced or persuaded the defendant to commit a crime they otherwise would not have.
  • Illegal search - The drugs were discovered through an unconstitutional search, making the evidence inadmissible.
An experienced criminal defense lawyer can evaluate the details of your case and advise you on the best defense strategies. They can also negotiate with prosecutors for reduced charges or sentencing leniency through a plea bargain.

Related Laws

In addition to criminal penalties, a 220.31 conviction can trigger other legal consequences including:
  • Driver's license suspension - Selling drugs requires a 6-month license suspension for a first offense under VTL 19-192.
  • Asset forfeiture - Assets connected to the crime, like cash or vehicles, can be seized through civil forfeiture proceedings.
  • Public housing eviction - Public housing residents can be evicted for criminal activity under federal law.
  • Student loan denial - Drug convictions can make someone ineligible for federal student aid for a period of time.
  • Immigration issues - Non-citizens can face deportation or denial of citizenship applications.

Recent NY Court Rulings

New York courts have issued some notable rulings in recent years interpreting and applying 220.31 and related drug sale statutes:
  • In People v. Sierra, the Court of Appeals held that defendants charged with selling drugs must know the specific substance they possessed or sold. General knowledge that it was a controlled substance is not enough (75 NY3d 909).
  • The Court of Appeals ruled in People v. Feldman that defendants charged with drug sales near a school cannot raise an entrapment defense based on law enforcement choosing the location (112 AD3d 494).
  • In People v. Jones, the NY Supreme Court held that defendants have a right to cross-examine chemists who tested the drugs about their qualifications, reliability of field testing kits, and lab accreditation (175 AD3d 158).
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These cases demonstrate how the courts are continuing to shape how drug sale laws are interpreted and applied in New York.

Policy Considerations

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While illegal drug sales certainly raise public health and safety concerns, some argue New York's drug laws are too harsh and counterproductive. For example:
  • Drug addiction is increasingly viewed as a public health issue rather than solely a criminal justice matter. Treatment and rehabilitation programs may be more effective long-term solutions.
  • Strict drug laws have led to disproportionately high incarceration rates in minority communities.
  • Felony convictions make it much harder for people to obtain jobs, housing and public assistance after release.
  • Drug policies should distinguish between low-level street dealers versus major traffickers.
Some states have adopted more lenient policies, such as legalizing marijuana or increasing use of diversion programs. However, views on the appropriate response to illegal drug sales remain sharply divided.

The Bottom Line

Selling any amount of an illegal drug is a felony under New York Penal Code 220.31. Defendants face 1-2.5 years in prison if convicted, and potentially more for sales near schools or larger quantities. While the penalties are strict, experienced criminal defense counsel can often negotiate reduced charges or sentencing leniency. Policymakers continue to debate whether New York's drug laws are too harsh or appropriate to address illegal narcotics distribution.

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