NY Penal Law § 220.50: Criminally using drug paraphernalia in the second degree

It is against the law in New York not only to possess or sell illegal drugs, but to possess drug paraphernalia for the purpose of manufacturing, selling or packaging drugs. Under New York Penal Code § 220.50 to be convicted of criminally using drug paraphernalia in the second degree the prosecutor must show that you knowingly possess or sell:

1. Diluents, dilutants or adulterants
2. Gelatine capsules, glassine envelopes, vials, capsules or any other material that can be used to package narcotics
3. Scales and balances used or designed for the purpose of weighing or measuring controlled substances

As many of these items have other, innocuous uses, to be convicted of this crime the prosecutor must show that you possessed or sold these products under circumstances that indicate that you knew that the products were to be used to manufacture, package or sell drugs.

A woman's apartment was the subject of a search warrant as it was suspected that drugs were in the apartment. After thoroughly searching the house the officers found several empty, unused glassine envelopes. The woman was arrested and charged with criminally using drug paraphernalia in the second degree. The prosecutor would have a hard time proving the case against the woman because although glassine envelopes are used to package narcotics, there was no evidence that that was the reason the woman had the glassine envelopes.

1. Criminally using drug paraphernalia in the second degree: New York Penal Code § 220.50
2. Criminal possession of precursors of controlled substances: New York Penal Code § 220.60
3. Criminal possession of methamphetamine manufacturing material in the second degree: New York Penal Code § 220.70
4. Criminal possession of methamphetamine manufacturing material in the first degree: New York Penal Law § 220.71

Many of the items that are banned under New York Penal Code § 220.50 have lawful uses. For example, while ziploc bags are used to package illegal drugs, they are also use to package and store food. Thus, if you are charged with criminally using drug paraphernalia based on merely possessing items that are listed under this statute without proof that the intention was for them to be used to make drugs, package drugs or sell drugs, then you may have a defense to the charge.

Because criminally using drug paraphernalia in the second degree is a class A misdemeanor, if you are convicted the maximum jail term would be one year.

A person is guilty of criminally using drug paraphernalia in the second degree when he knowingly possesses or sells:

1. Diluents, dilutants or adulterants, including but not limited to, any of the following: quinine hydrochloride, mannitol, mannite, lactose or dextrose, adapted for the dilution of narcotic drugs or stimulants under circumstances evincing an intent to use, or under circumstances evincing knowledge that some person intends to use, the same for purposes of unlawfully mixing, compounding, or otherwise preparing any narcotic drug or stimulant; or

2. Gelatine capsules, glassine envelopes, vials, capsules or any other material suitable for the packaging of individual quantities of narcotic drugs or stimulants under circumstances evincing an intent to use, or under circumstances evincing knowledge that some person intends to use, the same for the purpose of unlawfully manufacturing, packaging or dispensing of any narcotic drug or stimulant; or

3. Scales and balances used or designed for the purpose of weighing or measuring controlled substances, under circumstances evincing an intent to use, or under circumstances evincing knowledge that some person intends to use, the same for purpose of unlawfully manufacturing, packaging or dispensing of any narcotic drug or stimulant.

If you are convicted of criminally using drug paraphernalia in the second degree there is a good chance that you will be sent to jail for a year. In addition, you will likely face additional drug crime charges such as charges related to drug possession or drug selling. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients who have been accused of drug possession, crack possession, cocaine possession, marijuana possession, drug selling, and other drug crimes. 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: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.