FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

NY Penal Law § 22055 Criminally using drug paraphernalia in the first degree

June 24, 2020 Federal Criminal Attorneys

NY Penal Law § 220.55: Criminally using drug paraphernalia in the first degree

In New York, it is against the law not only to possess or sell illegal narcotics, but to use drug paraphernalia. There are two laws on the books  related to the use of drug paraphernalia: criminally using drug paraphernalia in the first degree and the second degree. To be convicted of criminally using drug paraphernalia in the first degree under New York Penal Code § 220.55, you must have been previously convicted of criminally using drug paraphernalia in the second degree. To properly charge you with criminally using drug paraphernalia in the second degree the prosecutor must demonstrate that you knowingly possess or sell:

 

  1. Adulterants or diluents
  2. Balances and/or scales used or designed for the purpose of weighing or measuring controlled substances
  3. Capsules, glassine envelopes, gelatine capsules, vials, or any other material that can be used to package drugs

 

On top of that, the prosecutor must show that you possess or sell these items under circumstances that indicate that you are fully aware that the products were intended to be used to manufacture or sell drugs.

 

An Example

In the course of executing a search warrant, the police recovered 100 small ziploc bags from the kitchen of a man’s home. During the search, in another part of the same home, a shoebox was found that contained several similar ziploc bags.  Each of the bags in the shoebox were filled with cocaine. The police came to the conclusion that the ziploc bags found in the kitchen were intended for the purpose of packaging cocaine for sale. Due to the fact that the man had been previously convicted of criminally using drug paraphernalia in the second degree, he was subsequently arrested and charged with criminally using drug paraphernalia in the first degree.

 

Offenses that are Related

Criminally using drug paraphernalia in the second degree: New York Penal Code § 220.50

Criminal possession of methamphetamine manufacturing material in the second degree: New York Penal Law § 220.70

Criminal possession of precursors of controlled substances: New York Penal Code § 220.60

Criminal possession of methamphetamine manufacturing material in the first degree: New York Penal Law § 220.71

 

Possible Defenses

Numerous examples of the paraphernalia that are banned under New York Penal Code § 220.50 also have lawful uses. Therefore, if you are charged with criminally using drug paraphernalia solely on the basis of the fact that you possessing items that are listed under this statute, and there is no proof that the intention was for them to be used to make drugs, package drugs or sell drugs, then you have a strong defense against this charge.

 

The Sentence

Due to the fact that criminally using drug paraphernalia in the first degree is categorized as a class D felony and is also categorized as a drug crime, if you are convicted, you could be sent to prison for 2-7 years.

NY Penal Law § 220.50: Criminally using drug paraphernalia in the second degree

Not only is it against the law in New York to possess or sell illegal narcotics, but it is also unlawful to possess drug paraphernalia for the purpose of manufacturing, selling or packaging drugs. To be convicted under New York Penal Code § 220.50 of criminally using drug paraphernalia in the second degree, the prosecutor must demonstrate that you knowingly possess or sell:

 

  1. Adulterants or diluents
  2. Balances and/or scales used or designed for the purpose of weighing or measuring controlled substances
  3. Capsules, glassine envelopes, gelatine capsules, vials, or any other material that can be used to package drugs

 

Due to the fact that many of these items have other, lawful and normal uses, to win a conviction under this statute, the prosecutor must demonstrate that you possessed or sold these items under circumstances that clearly indicate without a doubt that you were aware that the products were to be used to manufacture, package or sell drugs.

 

An Example

A woman’s apartment was subject to a search warrant on the grounds that it was suspected that drugs were on the premises. Upon thoroughly searching the premises, the officers discovered several empty, unused glassine envelopes. The woman was subsequently arrested and charged with criminally using drug paraphernalia in the second degree. Nonetheless, the prosecutor would have a difficult time proving the case against the woman. This is because although glassine envelopes are commonly used to package narcotics, there was no indisputable evidence that that was the purpose for which the woman was in possession of the glassine envelopes found in the search.

 

Offenses that are Related

Criminally using drug paraphernalia in the second degree: New York Penal Code § 220.50

Criminal possession of methamphetamine manufacturing material in the second degree: New York Penal Code § 220.70

Criminal possession of precursors of controlled substances: New York Penal Code § 220.60

Criminal possession of methamphetamine manufacturing material in the first degree: New York Penal Law § 220.71

 

Possible Defenses

Numerous examples of the paraphernalia that are banned under New York Penal Code § 220.50 also have lawful uses. For example, while ziploc storage bags are commonly used to package illegal drugs, their intended use for which they were created and sold is to package and store food at home and they are also commonly used for that purpose. Therefore, if you are charged with criminally using drug paraphernalia solely on the basis of the fact that you possessing items that are listed under this statute, and there is no proof that the intention was for them to be used to make drugs, package drugs or sell drugs, then you have a strong defense against this charge.

 

The Sentence

Since criminally using drug paraphernalia in the second degree is categorized as a class A misdemeanor, if you are convicted of this crime, the maximum jail term would be one year.

FREE CONSULTATION

Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.

Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us