How much cocaine is a felony? A defense lawyer explains

States have three primary approaches as to how much cocaine it takes to trigger felony charges:

1. Some states treat the possession of any amount of cocaine, even very small amounts, as a felony.
2. Other states have a specific threshold amount (such as 500 milligrams in New York) that makes it a felony.
3. A third set of states (including California) treats possession for personal use as a misdemeanor, but sales and trafficking offenses as felonies.

Most states will impose harsher and harsher penalties as the amount of cocaine increases.

For example, Illinois law says that the possession of less than 15 grams of cocaine is a Class 4 felony punishable by a prison term of one to three years. But once the amount of cocaine rises above 15 grams, the offense becomes a Class 1 felony with the following criminal penalties:

• four to 15 years in prison if possession of 15 to 99 grams of cocaine,
• six to 30 years in prison if possession of 100 to 399 grams of cocaine,
• eight to 40 years in prison if possession of 400 to 899 grams of cocaine, and
• ten to 50 years in prison if possession of 900 grams or more of cocaine.

Some jurisdictions say that 500 milligrams of cocaine is an approximate threshold between misdemeanor and felony cocaine charges. For example, New York law says that

• the possession of less than 500 milligrams of cocaine is a misdemeanor,
• while the possession of 500 milligrams or more is a felony offense.

Further, certain other jurisdictions may file harsher criminal charges against a person as the amount of cocaine increases. For example, if a person is in possession of large amounts of cocaine, the state may file drug trafficking charges as opposed to simple possession charges.

Note that people accused of a cocaine offense can challenge the accusation with a legal defense. A few common defenses include defendants showing that they were:

• arrested after an illegal search and seizure,
• entrapped by the police, and/or
• victims of police misconduct.

1. Does the amount of cocaine determine whether the charge is a felony?

In many jurisdictions, no. Drug laws in most jurisdictions throughout the U.S. say that crimes involving cocaine are felony offenses (as opposed to misdemeanors). This is true regardless of the amount of cocaine involved.

Examples of drug offenses involving crack cocaine include:

• drug possession,
• possession or purchase of a controlled substance for sale, and
• transporting or selling a controlled substance.

While the amount of cocaine does not really affect how a charge is filed, the amount may affect the severity or harshness of a sentence.

In other words, the amount of cocaine will usually not have an impact on whether a charge is filed as a misdemeanor or a felony. However, the amount may impact the severity of a defendant’s prison sentence.

As an example, the Illinois laws regarding cocaine possession are outlined above. In general, the greater the amount of cocaine a defendant has in his/her possession, the more severe the party’s prison term if convicted.¹

2. Do some states use cocaine amounts to determine how a charge is filed?

A few state laws do use the amount of cocaine involved in a case to help determine how drug charges are filed. This is especially true in cocaine possession cases.

For example, under New York’s cocaine laws, if a person is found in possession of less than 500 milligrams of cocaine, the offense is charged as a Class A misdemeanor punishable by up to one year in jail.²

But as the amount of cocaine in a person’s possession increases, possession becomes a felony offense (from a Class D felony to a Class A felony) with increased penalties. For example, the possession of:

• 500 milligrams or  more of cocaine is punishable by up to seven years in prison,³
• at least 1/8 of an ounce of cocaine is punishable by up to 15 years in prison,⁴
• at least 1/2 of an ounce of cocaine is punishable by up to 25 years in prison,⁵ and
• at least 4 ounces of cocaine is punishable by up to life in prison.⁶

3. Do some states file higher levels of felony charges as the amount of cocaine increases?

Yes. As the amount of cocaine increases in a given case, some states may decide to file a type of drug trafficking or sale of cocaine charge as opposed to a possession charge.

An example is Washington State. Washington law says that simple possession of a small amount of cocaine is considered a Class C felony punishable by:

• up to 5 years in jail, and/or
• a maximum fine of $10,000.⁷

But when anything other than a very small amount of cocaine is recovered, the State will often charge an accused with possession with intent to deliver a controlled substance (which is a more serious crime than drug possession). The penalties increase to a Class B felony punishable by:

• up to 10 years in jail, and/or
• a fine of up to $25,000.⁸

4. What is the law in California?

California law says that the simple possession (for personal use) of cocaine is a misdemeanor offense punishable by:

• up to one year in county jail, and/or
• a maximum fine of $1,000.⁹

Fortunately, a conviction for personally possessing cocaine may allow some defendants to participate in a California drug diversion program.¹⁰ Further, California drug courts may allow some offenders (for example, victims of physical dependence) to participate in drug treatment in lieu of custody time.

But possessing any amount of cocaine in California for the purposes of selling it is a felony punishable by up to 4 years in jail or prison.¹¹ Moreover, selling, transporting for sales, trafficking or manufacturing narcotics are all felony offenses in California that can carry stiff prison sentences.

5. Can defendants challenge cocaine charges with a legal defense?

Yes. Criminal defense attorneys draw upon several defense strategies to help defendants challenge cocaine and illegal drug charges.

For example, a drug crime lawyer may argue that a defendant:

• did not have constructive possession of cocaine,
• was only arrested for drug crimes after an unlawful search and seizure,
• was entrapped by police, and/or
• was a victim of police brutality.

Note that most criminal defense lawyers and law offices offer consultations. This means you can receive initial legal advice at no cost.

Also see our page on How many years in jail for drug possession?

---