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.