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Drug Offenses in New York State

Any drug-related charge is extremely serious, particularly if it involves selling illegal drugs. In New York State, convictions for most drug charges carry severe penalties. If you are in need of a skilled criminal defense attorney in Nassau County to assist you with your drug charge, contact the law offices of Schalk, Ciaccio & Kahn, P.C.

Drug Offense Laws in New York
New York State has some of the country's toughest laws regarding possession and sale of illegal drugs and unlawful use of controlled substances. Here is what you should know about how these laws can affect you:

  • Possessing 25 grams or more of marijuana is considered a violation of the law, and the penalties rise with the amount of the drug you possess. Having more than 10 pounds of marijuana is considered a class C felony.
  • Selling anything containing marijuana is considered a violation of the law, no matter how much it weighs. Selling anything containing marijuana that weights more than 16 ounces is a class C felony.
  • Criminal possession of a controlled substance in the seventh degree is considered a class A misdemeanor, while possession in the first degree is considered a class A felony.
  • Criminal possession of materials that are used to manufacture methamphetamine is considered a class E felony. Unlawful manufacture of methamphetamine in the second degree is considered a class B felony.
  • Criminal use of drug paraphernalia is considered a class A misdemeanor, and a second conviction is considered a class D felony.

Defending Yourself from a Drug Charge
After you have been charged with a drug offense, it is imperative that you talk to an experienced attorney as soon as possible. These are some possible defenses for drug offenses:

  • You were unlawfully stopped or searched by a law enforcement officer.
  • You were illegally searched by a law enforcement officer.
  • You were under the age of 16 at the time of your offense.
  • You had a quantity of the drug or controlled substance that was lower than the legal limit in New York State.
  • You were unaware that you were in possession of the drug or substance; for example, it may have been placed in your home by a friend, relative, or stranger.
  • You possessed the drug or substance only "fleetingly"; for example, you may have briefly handled it before putting it down.
  • You were in possession of the substances legally, such as for medicinal purposes.

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