new york penal code 220 55 criminally using drug paraphernalia i

New York Penal Code 220.55 makes it a crime to use drug paraphernalia after having a previous conviction for using drug paraphernalia. This law prohibits the use of items like pipes, bongs, scales, spoons, capsules etc. for the purpose of making, packaging or taking illegal drugs. Let’s break down the key aspects of this law.

What is Drug Paraphernalia?

Drug paraphernalia refers to any equipment, product, or material intended for making, using, or concealing illegal drugs. This includes things like:

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Scenario

Federal agents execute a search warrant at your medical practice, seizing patient records and prescription logs.

Can they take patient records without patient consent?

Attorney's Answer

A valid federal search warrant overrides HIPAA privacy protections. However, the warrant must be properly scoped. An attorney can challenge overly broad warrants and move to suppress improperly seized evidence.

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• Pipes
• Bongs
• Bowls
• Roach clips
• Rolling papers
• Grinders
• Scales
• Spoons
• Capsules
• Balloons
• Envelopes used to package drugs
• Kits for making, growing, or testing illegal drugs

It doesn’t matter if the item also has some legal purpose – if it is intended for drug use in any way, it is considered paraphernalia under the law.

Previous Conviction Requirement