[in-pursuit]

I'm in NY. Possession of a controlled substance is a class A misdemeanor here[0], which can carry a maximum prison sentence of 1 year.

0: https://www.nysenate.gov/legislation/laws/PEN/220.03

[fragmede]

You said using, not possession, and after you've used it, it's no longer in your possession, externally. That distinction does not matter in New York, however, as it's not one of the places where it's illegal to posses but legal if you've just used it. (Unless it's weed.)

[in-pursuit]

I feel like we're talking about semantics here. You must posses drugs before / while actively using, and heavy addicts use multiple times a day.