Statistics from DCJS pretrial release data for informational purposes only. Not legal advice. These are different charges with different legal elements — consult a licensed New York attorney for guidance on your specific situation.

According to 146,069 DCJS pretrial release records from 2019–2024, Drug Possession cases across 59 New York counties have an average dismissal rate of 37.4% and conviction rate of 62.5%, while Drug Sale cases across 61 counties have an average dismissal rate of 32.2% and conviction rate of 67.5%.

Drug Possession

95,766
Total Cases
59
Counties
Dismissal Rate 37.4%
Conviction Rate 62.5%
vs

Drug Sale

50,303
Total Cases
61
Counties
Dismissal Rate 32.2%
Conviction Rate 67.5%

How the highest-volume counties handle each charge.

Drug Possession — Top Counties

County Cases Dismissal Conviction
New York 13,680 42.9% 57.1%
Nassau 11,024 38.4% 61.5%
Bronx 10,371 55.8% 44.1%
Kings 10,120 62.1% 37.9%
Suffolk 9,702 29.4% 70.5%

Drug Sale — Top Counties

County Cases Dismissal Conviction
Kings 8,331 52.4% 47.6%
Bronx 8,026 49.2% 50.7%
New York 7,130 37.1% 62.5%
Queens 4,785 32.6% 67.2%
Suffolk 2,727 7.2% 92.1%

Source: DCJS Pretrial Release Data, 2019–2024 — NewYorkCourtFile.com

Drug Possession and Drug Sale are distinct charges with different legal elements, but defendants sometimes face questions about how they compare. Based on 146,069 DCJS pretrial release records from 2019–2024:

  • Volume: Drug Possession is more commonly charged (95,766 cases) than Drug Sale (50,303 cases)
  • Dismissals: Drug Possession has a higher average dismissal rate (37.4%) compared to Drug Sale (32.2%)
  • Variation: Both charges show significant variation in outcomes across New York counties — the county where a case is heard matters

These statistics reflect aggregate patterns across New York counties and do not predict individual case outcomes. The legal elements, potential consequences, and defense considerations differ between these charges. Consult a licensed New York attorney for guidance on your specific situation.

Drug Possession and Drug Sale are separate charges with different legal definitions and elements. Our data shows they have different outcome patterns: Drug Possession has a 37.4% average dismissal rate while Drug Sale has a 32.2% average dismissal rate. For information about the legal distinctions, consult a licensed New York attorney or the New York Penal Law.
Drug Possession has a higher average dismissal rate (37.4%) compared to Drug Sale (32.2%), based on 2019–2024 New York DCJS data. However, dismissal rates vary significantly by county. Visit the individual charge pages for county-specific data.
From 2019–2024, 95,766 Drug Possession cases were recorded across 59 counties, and 50,303 Drug Sale cases were recorded across 61 counties. View the full data on our Drug Possession and Drug Sale pages.

The data tells part of the story. A defense attorney can tell you the rest — specific to your case and your county.

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