24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

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

March 21, 2024 Uncategorized

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.

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now