NY Penal Code § 220.50 allows for the prosecution of a person who knowingly and unlawfully has drug paraphernalia in their possession for the sale, manufacture or packaging of drugs. To convict for the criminal use in the second degree of drug paraphernalia, the prosecuting attorney must demonstrate:
As the paraphernalia named above may also be used for non drug-related purposes, the prosecuting attorney must show that the person possessed or sold these items in circumstances that evidence that these items were to be used in the sale, manufacture or packaging of controlled substances.
Hypothetical CaseSuppose police officers received a tip that a woman was suspected of dealing drugs in her apartment. Because of the tip, they were able to obtain a search warrant and entered the woman’s apartment to look for controlled substances. The officers found several empty and unused glassine envelopes. They, however, did not find any controlled substances on the premises or on the woman’s person. The woman was arrested for criminal use in the second degree of drug paraphernalia. Although glassine envelopes are often used to package narcotics, there was no evidence that the woman had the envelopes for that purpose.
Possible DefensesChallenge prosecutor’s evidence. Merely possessing items that might be used in the sale, manufacture or packaging of illegal drugs in and of itself is not grounds for prosecution under this section of the law. For example, ziploc baggies are used for packaging controlled substances, as well as for storing leftover food. The prosecuting attorney must clearly show the link between possession of the paraphernalia and the intent to sell, manufacture or package controlled substances. It is the job of the defense attorney to discredit the association of possession of the paraphernalia with the intent to sell, manufacture or package controlled drugs.
Other lines of defense. By carefully examining the case details, an experienced and astute defense attorney may find weaknesses in the prosecuting attorney’s case and dissuade the court from convicting the accused client.
Possible SentenceImprisonment. A person convicted of criminal use in the second degree of drug paraphernalia may face up to one year in jail for this Class A misdemeanor.
NY Penal Code § 220.50: Criminal Use in the Second Degree of Drug ParaphernaliaTo reiterate, a person is guilty of criminal use in the second degree of drug paraphernalia when that person knowingly possesses or sells:
A charge of criminal use in the second degree of drug paraphernalia, if found guilty, could result in spending up to one year in jail. If you are charged with this offense or any crime related to controlled substances, you should immediately seek legal counsel.
Barry C. Weiss P.C. law firm has expertise in defending persons accused of criminal use in the second degree of drug paraphernalia. Further, the Elliot Adler PC law firm has expertly defended clients charged with misdemeanor and felony controlled substance or drug crimes in the State of New York. The Elliot Adler PC law firm is relentless when representing individuals accused of drug crimes, including the sale or possession of methamphetamine, PCP, LSD, OxyContin, Vicodin, crack, marijuana, cocaine, heroin, and other controlled substances and drug crimes.
We can be reached at (212) 785-1300 or newyorkcriminallawyer24-7.com to schedule a no-obligation, free legal consultative meeting to evaluate your case.
Related OffensesFor additional information, refer to the following sections of the New York Penal Code: