An Overview of Different Drug Crimes
Posted on Mar 13, 2015 12:16pm PDT
The Nassau County
criminal lawyers at Schalk, Ciaccio & Kahn represent those individuals charged with state or federal drug crimes.
While state drug laws may be narrower in scope so long as they don’t
conflict with federal drug laws, federal drug charges usually result in
more severe sentences. Whether someone is charged with a state or federal
drug crime, having a drug conviction on record can result in severe consequences.
Paraphernalia
Drug paraphernalia refers to any equipment used to prepare, inhale, inject
or conceal illegal drugs. It can also refer to the equipment used in manufacturing
illegal drugs. If someone is facing drug charges related to paraphernalia,
he or she should consult with an attorney, as it is illegal to sell, import,
or export any sort of drug paraphernalia. Some examples of drug paraphernalia
include bongs, pipes, rolling papers, and syringes. An experienced defense
attorney can argue that certain types of drug paraphernalia are designed
for legal purposes, such as pipes stating they should only be used with
tobacco. In that case, sustaining a drug paraphernalia charge depends
on where the item was purchased and how it looks.
Possession
Drug possession laws vary in every state, so it’s important to consult
with a local attorney about New York drug laws. While it is a crime under
both federal and state drug laws to possess any illicit controlled substance,
the consequences vary by the state and type of drug involved. Someone
who possesses a small quantity of drugs will likely only be charged with
simple possession. However, possessing a larger quantity of drugs can
lead to a possession charge with the intent to distribute, which carries
harsher penalties.
Manufacturing
Our lawyers also represent those involved in the production process of
an illegal drug. Delivery of an illegal drug also constitutes a federal
or state drug crime. However, in manufacture cases, prosecutors must prove
intent to manufacture as well as possession in order to obtain a drug
conviction. There are medical and personal use exceptions for marijuana
in several states, so marijuana cultivation and manufacturing is treated
differently under those state laws.