new york penal code 220 50 criminally using drug paraphernalia i

New York Penal Code 220.50: Criminally Using Drug Paraphernalia I

New York Penal Code 220.50, also known as Criminally Using Drug Paraphernalia in the Second Degree, is a law that makes it illegal to possess or sell items used for making, packaging, or taking illegal drugs^[1]. This law aims to curb drug use by criminalizing the tools that enable it. But what exactly does it prohibit, and what are the penalties? Let’s break it down.

What Does NY Penal Code 220.50 Prohibit?

This law bans possessing or selling any item that is primarily used for making, packaging, dispensing, or taking drugs. This includes^[2]:

• Scales – used for weighing drugs
• Glassine envelopes – used for packaging drugs
• Spoons, caps, needles – used for injecting drugs
• Bongs, pipes – used for smoking drugs
• Rolling papers – used for making joints

Simply having one of these items is not enough for a conviction. The prosecution must prove you possessed it specifically intending to use it for illegal drugs. For example, many people own scales for legal reasons like cooking or dieting. This alone would not violate 220.50.

What Are the Penalties?

Criminally using drug paraphernalia in the second degree is a Class A misdemeanor in New York^[3]. This carries maximum penalties of:

• Up to 1 year in jail
• Up to $1,000 in fines

If you have a prior conviction under this statute, any subsequent offense becomes a Class D felony under NY Penal Code 220.55. This upgrades the possible punishment to:

• 1 to 2.5 years in state prison
• Fines up to $5,000

What Are Some Legal Defenses?

Just because you possessed something the law considers drug paraphernalia does not guarantee a conviction. Here are some potential defenses your attorney may use to fight the charges:

Lack of Intent

As mentioned earlier, the prosecution must prove you intended to use the item for illegal drugs. If the paraphernalia was for legitimate purposes like cooking, jewelry making, etc., this could show lack of intent.

Wrongful Police Conduct

If police violated your rights by conducting an illegal search or coercing a confession, the evidence may be excluded. This could result in dismissal of the charges.

False Accusations

Sometimes people make false allegations out of anger, jealousy, or mental illness. Your attorney can investigate the accuser’s background and motives to see if they are credible.

What Are the Collateral Consequences?

Beyond jail time and fines, a conviction under 220.50 can hurt you in other ways:

• Employment – Many employers do background checks and will not hire someone with a recent drug conviction.
• Housing – Public housing authorities can deny applicants with drug convictions.
• Student loans – Drug convictions make you temporarily ineligible for federal student aid.
• Immigration – Non-citizens charged with any drug offense are at risk of deportation.

Should 220.50 Be Reformed?

Some critics argue NY Penal Code 220.50 is overly broad and unfairly ensnares too many people. For example, a study found over 80% of those charged were Black or Latino^[4]. The law also seems to violate the spirit of recent reforms aimed at reducing nonviolent drug convictions. Some groups are advocating changes such as^[5]:

• Narrowing the definition of “drug paraphernalia”
• Reducing penalties to violations instead of misdemeanors
• Adding exceptions for items used for legal purposes

Proponents counter that the law is necessary to combat illegal drug use. They argue relaxing prohibitions could enable more drug activity. Like many criminal justice debates, there are good arguments on both sides.

The Bottom Line

New York Penal Code 220.50 bans possessing or selling any item primarily used for making, packaging or taking illegal drugs. A conviction can result in up to a year in jail. But experienced criminal defense attorneys have many strategies to get charges reduced or dismissed. If you face allegations of violating this law, consult with a lawyer right away before making any statements to police.