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Last Updated on: 26th September 2023, 08:24 pm
New York Drug Selling FAQs
Selling drugs in New York can be risky business. While some people do it to make quick cash, others get caught up in more dangerous situations. This article answers common questions people have about selling drugs in New York.
Is selling drugs illegal in New York?
Yes, selling drugs is illegal in New York. The penalties depend on the type and amount of drug sold. For example, selling marijuana under 25 grams is a misdemeanor, while selling large quantities of heroin or cocaine is a more serious felony. The exact laws are in New York’s Penal Code Article 220.
What are the most common drugs sold illegally in New York?
The most common illegal drugs sold in New York are marijuana, cocaine, heroin, MDMA (ecstasy), and prescription opioids like oxycodone. Marijuana is the most widely used illegal drug. Cocaine and heroin are also prevalent, especially in urban areas like New York City.
What are the penalties for selling drugs in New York?
Penalties vary based on the type and amount of drug sold:
- Selling less than 25 grams of marijuana is a misdemeanor punishable by up to 1 year in jail and a $1,000 fine.
- Selling more than 25 grams of marijuana is a felony with up to 7 years in prison.
- Selling a controlled substance like cocaine or heroin is a felony with up to 25 years in prison.
- Selling large quantities (over 4 ounces) or to minors leads to even harsher penalties.
Prior drug convictions can also increase sentences. Trafficking drugs across state or international borders has harsh federal penalties of 10+ years in prison.
What are the defenses or legal loopholes for selling drugs in New York?
There are a few potential defenses in New York drug cases:
- Invalid search: If police conducted an illegal search, evidence may be inadmissible. This depends on specifics like having a warrant.
- Entrapment: When undercover cops coerce someone into committing a crime they otherwise wouldn’t. Rarely works.
- Duress: Forced to sell drugs against your will due to threats of violence. Also rarely works.
- Not actual drugs: The substance sold wasn’t actually illegal drugs. Testing can prove this.
But in general, if caught red-handed selling drugs, there are few legal loopholes in New York. The focus is getting a good plea deal or negotiating at sentencing.
What are the risks and dangers of selling drugs in New York?
Many risks beyond legal penalties, including:
- Robbery – Dealers carry cash and drugs, making them targets for thieves.
- Violence – Disputes between dealers often turn violent, even deadly.
- Police stings – Undercover operations aim to catch dealers.
- Unsafe products – Laced or tainted drugs can cause overdoses.
- Addiction – Sellers often end up abusing the drugs they sell.
The illegal drug trade breeds violence and crime. Many dealers end up with long prison sentences or serious injuries/death despite seeing it as easy money.
What alternatives are there to selling drugs illegally?
Some options besides illegal drug dealing include:
- Find a legal job – Even minimum wage is safer than selling drugs.
- Get an education – Increase options with a high school diploma or college.
- Start a business – Take that entrepreneurial spirit and start a legit business.
- Join a program – Seek help from anti-drug/gang programs.
- Move – Relocate away from bad influences and situations.
It takes work, but there are always alternatives to breaking the law. The risks rarely outweigh the rewards of selling drugs illegally.
What should I do if I’m caught selling drugs in New York?
If caught selling illegal drugs in New York:
- Remain silent – Don’t admit to anything or try to talk your way out of it.
- Ask for a lawyer – Invoke your right to an attorney immediately.
- Follow instructions – Cooperate respectfully without incriminating yourself.
- Get legal help – Hire the best criminal defense lawyer you can afford.
- Seek a plea deal – A good lawyer may negotiate charges/sentencing.
Cooperating with police or prosecutors rarely helps much. Protect yourself and get a lawyer experienced with New York drug crimes.
Is selling prescription drugs illegal in New York?
Yes, illegally selling prescription medications is a serious felony in New York. This includes:
- Selling your own prescriptions.
- Selling drugs prescribed to others.
- Selling counterfeit prescription drugs.
Penalties are stiff, especially for opioid painkillers which New York cracks down hard on. Defenses like having a valid prescription may apply in some cases.
In summary, selling any illegal drugs or prescription medications in New York involves major legal risks. The penalties can be severe, and the dangers are very real too. Consider alternatives to drug dealing which will keep you out of prison and harm’s way.
Drug Enforcement Administration. “New York: Opioid-Involved Deaths are Mostly Related to Synthetic Opioids.” https://www.dea.gov/new-york-opioid-involved-deaths-are-mostly-related-synthetic-opioids
New York State Penal Law Article 220 – Controlled Substances Offenses. https://www.nysenate.gov/legislation/laws/PEN/220.00
National Institute on Drug Abuse. “New York Opioid Summary.” https://www.drugabuse.gov/drug-topics/opioids/opioid-summaries-by-state/new-york-opioid-summary