States have three primary approaches as to how much cocaine it takes to trigger felony charges:
- Some states treat the possession of any amount of cocaine, even very small amounts, as a felony.
- Other states have a specific threshold amount (such as 500 milligrams in New York) that makes it a felony.
- 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.
In this article I discuss when cocaine crimes are charged as a felony. Also listen to our informational podcast:
1. When Cocaine Crimes are Always Felonies
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.
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.
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. Though once the amount of cocaine rises above 15 grams, the offense becomes a Class 1 felony with the following criminal penalties:
- 4 to 15 years in prison if possession of 15 to 99 grams of cocaine,
- 6 to 30 years in prison if possession of 100 to 399 grams of cocaine,
- 8 to 40 years in prison if possession of 400 to 899 grams of cocaine, and
- 10 to 50 years in prison if possession of 900 grams or more of cocaine.1
2. When Quantity Determines Whether Cocaine Crimes are Felonies
A few state laws 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 you are 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
Though as the amount of cocaine in your 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
Large amounts of cocaine often trigger trafficking charges.
3. When More Cocaine Triggers More Serious Charges
As the amount of cocaine increases in a given case, some states may decide to file trafficking or sales charges as opposed to possession charges.
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
Though when anything other than a very small amount of cocaine is recovered, the state will often charge you 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, you may be eligible to avoid a conviction and jail altogether by participating in a drug diversion/rehab program.10
However, possessing any amount of cocaine in California for the purposes of selling it is a felony punishable by up to four years in jail or prison.11 Moreover, selling, transporting for sales, trafficking, or manufacturing narcotics are all felonies that can carry stiff prison sentences.
5. How do I fight the charges?
Criminal defense attorneys draw upon several strategies to challenge cocaine and illegal drug charges. For example, a drug crime lawyer may argue that you:
- did not have possession of the cocaine,
- were arrested only after an unlawful search and seizure,
- were entrapped by police, and/or
- were 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?
Additional Resources
For help or more information, refer to the following:
- Narcotics Anonymous (NA) – A 12-step program to overcome drug addiction.
- Substance Abuse and Mental Health Service Administration (SAMHSA) – 24/7 treatment referral service.
- What is Cocaine? – WebMD article about the drug’s properties and treatment.
- Cocaine – Drug Enforcement Administration fact-sheet on cocaine.
- Cocaine – Alcohol and Drug Foundation overview of cocaine.
Legal References:
- 720 ILCS 570/200, et seq.
- N.Y. Pen. Law § 220.03. Note that first offenses are punishable by probation as opposed to jail time.
- N.Y. Pen. Law § 220.06.
- N.Y. Pen. Law § 220.09.
- N.Y. Pen. Law § 220.16.
- N.Y. Pen. Law § 220.18.
- RCW 69.50.101, et seq.
- See same. As an example of more severe charges with greater amounts of cocaine, see federal law, 21 U.S.C 841.
- California Health and Safety Code 11350 HS. See also, for example, People v. Hall (Cal.App. 2024) .
- See, for example, California Penal Code 1000 PC.
- See California Health and Safety Code 11351 HS. See also, for example, People v. Mendoza (Cal.App. 2023) .
