220.55 Criminally using drug paraphernalia in the first degree

In New York, it is illegal to possess or sell illegal drugs, and the possession of drug paraphernalia is also against the law. New York has two laws in place that are related to the use of drug paraphernalia, which include criminally using drug paraphernalia in the first and second degree. According to New York Penal Code 220.55, to be convicted of criminally using drug paraphernalia in the first degree, an individual must have a past conviction of criminally using drug paraphernalia in the second degree. For an individual to be charged with criminally using drug paraphernalia in the second degree, a prosecutor must prove beyond a reasonable doubt an individual possessed or sold:

• Diluents
• Pipes
• Miniture spoons
• Roach clips
• Cigarette papers
• adulterants
• Scales and balances that are used to weigh or measure a controlled substance
• Vials, capsules, or any other material that is used to package narcotics

Furthermore, an individual must possess or sell these items while knowing the products will be used to manufacture or sell a controlled substance. For example, if a police officer recovered 50 empty ziplock bags from a home during a legal search, and the same bags were filled with cocaine in another room, the empty bags could be considered drug paraphernalia. If the individual was previously arrested for the criminal use of drug paraphernalia in the second degree, he or she will be arrested and charged with criminally using drug paraphernalia in the first degree.

Related Offenses

If an individual is charged with criminally using drug paraphernalia in the first degree, he or she could also be charged with the following related offenses:

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

You were arrested after police executed a search warrant at your apartment and found multiple digital scales, small plastic baggies, a cutting agent, and a quantity of cocaine. The officers charged you with criminally using drug paraphernalia in the first degree under NY Penal Code 220.55, in addition to drug possession charges.

What does a first-degree criminal use of drug paraphernalia charge mean for me, and how serious is this compared to the second-degree charge?

Attorney's Answer

Under New York Penal Code 220.55, criminally using drug paraphernalia in the first degree is a Class D felony, which carries a potential sentence of up to seven years in prison. This charge is more serious than the second-degree offense under Penal Code 220.50 because it typically involves paraphernalia connected to the packaging, manufacturing, or distribution of controlled substances rather than simple personal use items. A strong defense may challenge whether the items actually qualify as drug paraphernalia under the statute or whether the search warrant was properly obtained and executed. Given the felony classification and the likelihood that prosecutors will pursue additional drug charges alongside this count, securing experienced legal representation immediately is critical to protecting your rights.

This is general information only. Contact us for advice specific to your situation.

• New York Penal Code § 220.60: criminal possession of precursors of controlled substances
• New York Penal Law § 220.70: criminal possession of methamphetamine manufacturing material in the second degree
• New York Penal Law § 220.71: criminal possession of methamphetamine manufacturing material in the first degree
• criminal possession of methamphetamine manufacturing material in the second degree