NYC Drug Paraphernalia Attorney
Drug Paraphernalia Attorney In New York City
New York has over 40 drug laws due to the severity of its drug issue, with most laws focusing on controlled substances and marijuana possession or distribution. However, there are also other laws targeting those who use drugs by making it illegal to have items that could be used in manufacturing, storing, or distributing drugs. Therefore, not only is it against the law to possess, sell or manufacture drugs–it’s also illegal to own anything that could aid in these endeavors. If you are caught with equipment related to drugs, you will more than likely be charged with other drug crimes as well, such as possession or selling. If this is the case for you, it’s best that you contact an experienced New York City drug paraphernalia attorney who has worked countless similar cases. Sosinsky Law routinely represents the people of Manhattan, Long Island, Bronx, and New York City facing similar drug-related charges. Contact our office today for a free consultation and to learn more about how we can help.
Drug Paraphernalia According To New York Law
If you want to grasp the possible risks associated with drug paraphernalia charges in New York, then you need to sift through New York Penal Law § 220.50. This law strictly bars anyone from knowingly possessing or selling merchandise that is often used in the creation, packaging, and/or distribution of illegal substances. The circumstances surrounding such a charge do not need to involve high-volume narcotics operations, but can in fact implicate a single, small-time distributor of drugs. According to New York Penal Law § 220.55, a first-time offender will be given a Class A misdemeanor. If the same offense is committed again, it will then be classified as a Class D felony.
Types Of Prohibited Paraphernalia In New York
There are three general categories of drug paraphernalia that usually lead to charges. If someone is caught with any of the following, they may be prosecuted for criminal use of drug paraphernalia in New York:
- Substances used to dilute or cut narcotics and stimulants, such as quinine, mannite, hydrochloride, mannitol, dextrose, and lactose. These are often done with the intention of illegally mixing controlled substances.
- Scales and balances used to weigh or measure controlled substances in a scenario that suggests illegal manufacturing, packaging, or distribution of those substances.
- Capsules, envelopes, vials, or other tools that are commonly used in the packaging and preparation of single doses of stimulants or narcotics under circumstances that suggest an intent to unlawfully manufacture, distribute or assemble controlled substances.
Drug Paraphernalia Offenses In New York
There are 3 drug paraphernalia offenses under the controlled substances statute.
Criminally Using Drug Paraphernalia In The Second Degree
If you are caught with items such as diluents, dilutants, and adulterants (used to dilute narcotics) or packaging materials like gelatine capsules, other types of capsules, glassine envelopes and vials – or equipment used to measure and weigh controlled substances scales and balances-you will face this charge. It is a class A misdemeanor in New York State, with a possible penalty of up to one-year imprisonment.
Criminally Using Drug Paraphernalia In The First Degree
If you are caught committing a crime using drug paraphernalia for the second time, you will be charged with a class D felony. The possible consequences include up to 7 years in prison.
Criminal Possession Of Precursors Of Controlled Substances
A precursor is an ingredient needed in order to manufacture a controlled substance. You will face a charge of criminal possession of precursors of controlled substances if you have any of the listed substances and have the intent to use those circumstances unlawfully manufacture controlled substances. It is a class E felony with a possible penalty of up to 4 years in prison. According to New York Penal Law 220.60, precursors include urea, ergot ammonia formamide, pentazocine, piperidine, and lithium
Defenses To Drug Paraphernalia Charges In New York
In order for a prosecutor to convict, they must prove every element of the charge “beyond a reasonable doubt.” This means that everything they claim happened definitely occurred, barring some impossible or highly improbable scenario.
They will have to provide evidence, beyond a reasonable doubt, that you had the item in your possession knowingly and either circumstance indicated you intended to use it for illegal purposes as described or circumstances showed you knew someone else would. Without concrete evidence, it can be tough to exhibit someone’s malevolent aims. Nevertheless, New York prosecutors manage to do this day in and day out. Luckily, a qualified NYC drug paraphernalia attorney will look for the loopholes and reasonable doubt in your case and use them against the prosecution to help you secure the best possible outcome in your case.
Frequently Asked Questions
What is Drug Paraphernalia?
There is a range of equipment that can be considered drug paraphernalia, including any items or products which are used to make drugs such as compounding narcotics, hiding drugs, processing drugs for use, or injecting, taking, inhaling, or otherwise consuming controlled substances. Some examples of objects that could be seen as drug paraphernalia in New York include the following:
- Pipes, including metal pipes, acrylic or glass pipes, stone pipes, plastic pipes, ceramic pipes, and water pipes
- Miniature spoons
- Roach clips
- Cigarette papers
Some of these objects, by themselves, are not illegal. For example, there is no law against using a pipe or cigarette paper to smoke tobacco. However, if drug residue is found or if there is other evidence that the products were used for taking controlled substances, a prosecutor may charge for possession of drug paraphernalia. This is a perfect example of why having a New York City drug paraphernalia attorney is so critical to proving your innocence. If there is a possibility to tack on this charge, prosecutors will likely push for it and without a proper defense, the charge may stick.
Are Bongs Illegal In New York?
Even though owning an item that is used for drugs is not illegal as long as the device is unused, some shops will only sell bongs and other devices as novelty gifts. The buyer may not be prosecuted for drug paraphernalia if the device does not have any traces of being used for illegal drugs. Therefore, bongs are legal in New York so long as there is no clear evidence of drugs inside the bong.
Contact Our New York City Drug Paraphernalia Attorney
If convicted of drug paraphernalia charges in New York, you could go to jail. Most likely, if charged with a drug paraphernalia charge, you will also get additional charges for drug offenses. So, if accused of any drug crimes, quickly contact our NYC drug paraphernalia lawyer who has experience defending those facing similar charges. At Sosinsky Law, our knowledgeable and experienced legal has a record of success defending clients in New York courts against paraphernalia, possession, distribution, and manufacturing drug charges. Contact our office today for a free consultation and to learn more about how we can help.