Article 220 of the New York State Penal Law governs the drug crimes in New York State. The weight of the substance will greatly affect the charges that are brought against the defendant. The weight or quantity of the substance is an aggravating factor. In both sale and possession cases under Article 220 the weight of the substance is a strict liability element, so the ADA does not need to prove that the defendant knew the weight of the substance.
There are two types of weight classifications in Article 220. There is “pure weight” and then there is “aggregate weight.” The term pure weight refers to the actual weight of the substance. This calculation is notwithstanding any additives to the substances. The term aggregate weight is the total weight of the drug itself with any other additives that is included in the substance.
Example: 5 ounces of Cocaine might be 2 ounces pure cocaine, and 3 ounces of additives. Thus this package has a pure weight of 2 ounces cocaine, and an aggregate weight of 5 ounce.
The pure weight would be determined by Police chemists. They would determine the purity of the drug. This number would then be multiplied by the gross weight to get the total pure weight. Whereas for aggregate weight, they would just measure the entire substance without any of the packaging.