Understanding Drug Laws in New York State
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. The exact laws are in New York's Penal Code Article 220. For example:- Selling marijuana under 25 grams is a misdemeanor
- Selling large quantities of heroin or cocaine is a more serious felony
Most Common Illegal Drugs Sold in NYC
What are the most common drugs sold illegally in New York? The most common illegal drugs sold in New York are:- Marijuana (the most widely used illegal drug)
- Cocaine
- Heroin
- MDMA (ecstasy)
- Prescription opioids like oxycodone
Drug Selling Penalties Under NY Penal Law
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
Legal Defenses for Drug Charges
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.
Risks Beyond Legal Penalties
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
Alternatives to Illegal Drug Dealing
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
What To Do If Arrested
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
Prescription Drug Laws
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
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.
