New York Drug Charge Frequently Asked Questions

by ECL Writer
Criminal Possession In The Fifth Degree Of A Controlled Substance

Drug charges are a serious issue in New York and can have severe consequences. Whether you are facing charges for possession, distribution, or trafficking, it is important to understand the laws surrounding drug charges in New York. In this article, Eastcoastlaws.com will answer some frequently asked questions about drug charges in New York.

What are the drug laws in New York?

The drug laws in New York are strict, and drug offenses are classified into five categories depending on the type of drug and the amount involved. These categories are:

  • Class A-I felonies: This category includes offenses involving large quantities of highly dangerous drugs like heroin, cocaine, and methamphetamine. Convictions for these offenses can result in life imprisonment.
  • Class A-II felonies: This category includes offenses involving smaller quantities of highly dangerous drugs like cocaine and methamphetamine. Convictions for these offenses can result in up to 25 years in prison.
  • Class B felonies: This category includes offenses involving narcotics like heroin, cocaine, and ecstasy. Convictions for these offenses can result in up to 25 years in prison.
  • Class C felonies: This category includes offenses involving drugs like LSD, PCP, and ketamine. Convictions for these offenses can result in up to 15 years in prison.
  • Class D felonies: This category includes offenses involving drugs like marijuana, and prescription drugs. Convictions for these offenses can result in up to 7 years in prison.

What is the penalty for drug possession in New York?

The penalty for drug possession in New York varies depending on the type of drug and the amount involved. Possession of small amounts of marijuana (less than 25 grams) is decriminalized in New York and is punishable by a fine of up to $50. However, possession of larger amounts of marijuana can result in criminal charges and can lead to more severe penalties. Possession of any other type of drug can result in a felony charge and can lead to imprisonment.

What is the penalty for drug distribution in New York?

The penalty for drug distribution in New York also varies depending on the type of drug and the amount involved. Distribution of large quantities of highly dangerous drugs like heroin, cocaine, and methamphetamine can result in life imprisonment. Distribution of smaller quantities of these drugs can result in up to 25 years in prison. Distribution of narcotics like heroin, cocaine, and ecstasy can result in up to 25 years in prison. Distribution of drugs like LSD, PCP, and ketamine can result in up to 15 years in prison. Distribution of drugs like marijuana, and prescription drugs can result in up to 7 years in prison.

What is the penalty for drug trafficking in New York?

Drug trafficking is a serious offense in New York and can result in severe penalties. Trafficking large quantities of highly dangerous drugs like heroin, cocaine, and methamphetamine can result in life imprisonment. Trafficking in smaller quantities of these drugs can result in up to 25 years in prison. Trafficking narcotics like heroin, cocaine, and ecstasy can result in up to 25 years in prison. Trafficking drugs like LSD, PCP, and ketamine can result in up to 15 years in prison. Trafficking drugs like marijuana, and prescription drugs can result in up to 7 years in prison.

Can I be charged with drug possession even if the drugs are not mine?

Yes, you can be charged with drug possession even if the drugs are not yours. If drugs are found in your possession, you can be charged with possession regardless of whether you owned the drugs or not. However, if you can prove that the drugs do not belong to you, you may be able to avoid a conviction.

What is possession with intent to sell, and what are the penalties for it in New York?

Possession with intent to sell refers to having illegal drugs or controlled substances in your possession with the intention of selling them. The penalties for possession with intent to sell depend on the type and quantity of the drug. In New York, the penalties for possession with intent to sell range from a fine of $5,000 to imprisonment for up to 25 years.

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