new york penal code 220 50 criminally using drug paraphernalia i
New York Penal Code 220.50, also known as Criminally Using Drug Paraphernalia in the Second Degree, is a law that makes it illegal to possess or sell items used for making, packaging, or taking illegal drugs[1]. This law aims to curb drug use by criminalizing the tools that enable it. But what exactly does it prohibit, and what are the penalties? Let’s break it down.
What Does NY Penal Code 220.50 Prohibit?
This law bans possessing or selling any item that is primarily used for making, packaging, dispensing, or taking drugs. This includes[2]:
- Scales – used for weighing drugs
- Glassine envelopes – used for packaging drugs
- Spoons, caps, needles – used for injecting drugs
- Bongs, pipes – used for smoking drugs
- Rolling papers – used for making joints
Simply having one of these items is not enough for a conviction. The prosecution must prove you possessed it specifically intending to use it for illegal drugs. For example, many people own scales for legal reasons like cooking or dieting. This alone would not violate 220.50.
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(212) 300-5196What Are the Penalties?
Criminally using drug paraphernalia in the second degree is a Class A misdemeanor in New York[3]. This carries maximum penalties of:
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- Up to 1 year in jail
- Up to $1,000 in fines
If you have a prior conviction under this statute, any subsequent offense becomes a Class D felony under NY Penal Code 220.55. This upgrades the possible punishment to:
- 1 to 2.5 years in state prison
- Fines up to $5,000
