New York Drug Paraphernalia Offenses

New York enforces numerous drug laws, covering drug possession, distribution, manufacturing, and the possession of paraphernalia related to controlled substances. It is not only illegal to possess, sell, or manufacture drugs but also to possess the equipment and substances required for drug distribution, termed "drug paraphernalia." Being arrested on a drug paraphernalia charge may lead to additional drug-related charges like drug possession or drug selling. In such situations, it's imperative to promptly seek the counsel of an experienced New York drug crimes lawyer who understands the intricacies of drug crime laws and can vigorously defend against these charges.

Drug Paraphernalia Offenses

There are three drug paraphernalia offenses in New York under the controlled substances statute:

1. Criminally Using Drug Paraphernalia in the Second Degree: This charge applies if you possess items used for diluting narcotics, packaging controlled substances, or equipment used for measuring and weighing drugs, with the intent to use them for drug-related activities. It's classified as a class A misdemeanor, carrying a possible penalty of up to one year in jail.
2. Criminally Using Drug Paraphernalia in the First Degree: This charge is applicable if you commit the second-degree offense after having a prior conviction for the same offense. It is classified as a class D felony, with a potential sentence of up to seven years in prison.
3. Criminal Possession of Precursors of Controlled Substances: Precursors are substances required for the unlawful manufacture of controlled substances. You will face this charge if you possess specific substances listed in the law and intend to use them to unlawfully manufacture controlled substances. This offense is a class E felony, carrying a potential penalty of up to four years in prison. Precursors include substances such as urea, ergot, ammonia, formamide, pentazocine, piperidine, and lithium.

Even though drug paraphernalia offenses do not carry particularly harsh sentences, it’s critical to promptly seek the counsel of an experienced New York drug crimes lawyer to help ensure that your legal rights are protected.

Possession of a Controlled Substance Offenses

Six offenses are associated with the possession of a controlled substance in New York. The charges vary depending on the type of controlled substance involved and, in some cases, the quantity of the controlled substance:

1. Criminal Possession of a Controlled Substance in the Seventh Degree: This is the least serious possession charge for controlled substances. It is classified as a class A misdemeanor, and a conviction could lead to a sentence of up to one year in jail.
2. Criminal Possession of a Controlled Substance in the Fifth Degree: This charge is for possessing more than a specified minimum amount of certain drugs, or for possessing a controlled substance with the intent to sell. It is a class D felony, with a potential sentence of up to seven years in prison.
3. Criminal Possession of a Controlled Substance in the Fourth Degree: Specific minimum amounts of drugs are required for this charge, which includes narcotic drug preparations, methamphetamine, stimulants, LSD, hallucinogens, hallucinogenic substances, dangerous depressants, depressants, concentrated cannabis, PCP, methadone, ketamine, and GHB. It is a class C felony, with a possible sentence of up to 15 years in prison.
4. Criminal Possession of a Controlled Substance in the Third Degree: This charge applies to stimulants, hallucinogens, hallucinogenic substances, LSD, methamphetamine, narcotic drug preparations, and PCP. It also includes possession of specified controlled substances with the intent to sell. It is a class B felony, carrying a potential sentence of up to 25 years in prison.
5. Criminal Possession of a Controlled Substance in the Second Degree: This charge is for possessing a substantial amount of specific drugs, such as narcotic drug preparations, methamphetamine, stimulants, lysergic acid diethylamide, hallucinogens, hallucinogenic substances, or methadone. It is a class A-II felony with a possible penalty of life in prison.
6. Criminal Possession of a Controlled Substance in the First Degree: This is the most serious possession charge, applicable if you possess at least 8 ounces of narcotic drug preparations or at least 5,760 milligrams of methadone. It is classified as a class A-I felony with a potential sentence of life in prison.

Sale of a Controlled Substance Offenses

If you have drug paraphernalia and are found in possession of controlled substances, law enforcement may assume your involvement in drug distribution. Each drug-selling crime is classified as a felony, and the charges depend on the type and quantity of the drug involved:

1. Criminal Sale of a Controlled Substance in the Fifth Degree: This charge involves selling a narcotic, hallucinogenic, or other controlled substance. It is classified as a class D felony, carrying a potential penalty of up to seven years in prison.
2. Criminal Sale of a Controlled Substance in the Fourth Degree: This offense encompasses selling a narcotic preparation or selling specific quantities of dangerous depressants, depressants, concentrated cannabis, PCP, methadone, ketamine, or GHB. Selling drugs near a school, school bus, daycare, or educational facility will also lead to this charge. It is a class C felony, with a possible sentence of up to 15 years in prison.
3. Criminal Sale of a Controlled Substance in the Third Degree: This charge is applicable if you sell a narcotic drug or specified quantities of stimulants, hallucinogens, hallucinogenic substances, LSD, methamphetamine, or PCP. Selling a narcotic preparation to someone under 21 years old will also result in this charge. It is a class B felony, carrying a potential sentence of up to 25 years in prison.
4. Criminal Sale of a Controlled Substance in the Second Degree: This offense involves selling a substantial amount of a narcotic drug preparation, methamphetamine, stimulant, LSD, hallucinogen, hallucinogenic substance, or methadone. It is a class A-II felony with a possible penalty of life in prison.
5. Criminal Sale of a Controlled Substance in the First Degree: This is an extremely serious charge, and if convicted, you could face a life sentence. It applies to selling at least 2 ounces of a narcotic drug preparation or at least 2,880 milligrams of methadone. It is classified as a class A-I felony.
6. Operating as a Major Trafficker: This charge focuses on the amount of money generated from drug sales. It applies if you are the director of an organization that sells at least $75,000 worth of controlled substances in a 12-month period, or if you are a director, manager, or planner involved in selling at least $75,000 worth of narcotics in a 6-month period. If you are a director, manager, or planner who possessed at least $75,000 worth of narcotics on at least one occasion in a 6-month period, you will also face this charge. It is a class A-I felony with a potential sentence of life in prison.

Manufacturing Methamphetamine Offenses

As an experienced drug crimes attorney in New York will explain, law enforcement often assumes that those possessing drug paraphernalia are also engaged in drug manufacturing. The New York Penal Code outlines several offenses that prohibit the manufacturing of methamphetamine:

1. Criminal Possession of Methamphetamine Manufacturing Material in the Second Degree: This charge pertains to having a precursor, chemical reagent, or solvent with the intent to use it to make methamphetamine. It is a class A misdemeanor with a potential sentence of up to one year in jail. Precursors include ephedrine, pseudoephedrine, salt, isomer, and salt of an isomer of these substances.
2. Criminal Possession of Methamphetamine Manufacturing Material in the First Degree: This charge is similar to the second-degree offense, but you must have a prior conviction for the second-degree offense within the previous five years before committing this offense. It is classified as a class E felony with a possible sentence of up to four years in prison.
3. Criminal Possession of Precursors of Methamphetamine: This charge applies if you possess precursors of methamphetamine and also have a solvent or chemical reagent with the intent to use them for methamphetamine production. It is a class E felony with a potential sentence of up to four years in prison.
4. Unlawful Manufacture of Methamphetamine in the Third Degree: You will face this charge if you possess the necessary lab equipment and substances required for making methamphetamine, such as precursors, chemical reagents, and solvents. It is a class D felony with a potential sentence of up to seven years in prison.
5. Unlawful Manufacture of Methamphetamine in the Second Degree: This offense is similar to the third-degree charge but becomes a second-degree offense if the unlawful activity occurs in the presence of a child under the age of 16 and you are at least five years older than the child, or if you commit third-degree manufacture of methamphetamine within five years of being convicted of another methamphetamine offense. It is a class C felony with a potential penalty of up to 15 years in prison.
6. Unlawful Manufacture of Methamphetamine in the First Degree: This charge applies if you commit the unlawful manufacture of methamphetamine in the second degree after having been convicted of that offense or similar offenses within the prior five years. It is a class B felony with a possible sentence of up to 25 years in prison.
7. Unlawful Disposal of Methamphetamine Laboratory Material: Due to the potential dangers of materials involved in making methamphetamine, disposing of methamphetamine laboratory material in a manner that creates a health risk is illegal. It is a class E felony with a potential sentence of up to four years in prison.

Penalties for Drug Crime Convictions

A conviction for a crime related to drug paraphernalia or any other drug crime may result in imprisonment, with the most severe offenses leading to decades behind bars. When determining your sentence, the judge considers both the crime's classification and your criminal history. For first-time, non-violent offenders, sentences are typically less harsh than for those with prior convictions. Additionally, individuals charged with class B, C, D, or E drug felonies who also have a substance abuse problem may be offered the option of attending Drug Treatment Court. Successful completion of the program may lead to the reduction or dismissal of criminal charges.

Contact Stephen Bilkis & Associates

If you are arrested on a drug paraphernalia charge, conviction could result in incarceration. In most cases, facing a drug paraphernalia crime also means confronting additional drug-related charges. Therefore, if you are charged with any drug crime, it is vital to immediately contact an experienced drug crimes attorney serving New York. Stephen Bilkis & Associates boasts years of experience successfully representing clients in New York criminal courts facing charges related to paraphernalia, possession, distribution, and manufacturing offenses. Contact us at 800.696.9529 to schedule a free, no-obligation consultation regarding your case. We serve those accused of drug crimes in the following locations: Bronx, Brooklyn, Manhattan, Nassau County, Queens, Suffolk County, Staten Island, Long Island, and Westchester County.

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