Possession of Analog Drugs in New York - Legal Guide

What is Possession?

Although you may know that possession means having the drugs on your person, did you know that there are other meanings? If you are in a car where drugs are found during a stop, you could be charged with possession. It is a typical reaction for someone to remove illegal drugs from their person and drop them in a vehicle if they know they are being stopped. Even if you are a passenger, it doesn't matter if you knew about the drugs or not, you can still be arrested for possession. Likewise if analog or any other type of illegal drugs are found in a home you are residing in, you can be arrested and charged with possession. This generally means a private home, because being in a public place does not carry the presumption that you knew about the drugs.

Penalties for Possession of Analog Drugs

Possession carries various penalties. The amount of the analog drugs found will play a large part in determining the charges as will the similarity of the drug to a controlled substance. The Federal Analogue Act, which was passed in 1986, was created to deal with the problem of analog drugs. The Federal Analogue Act states that if the structure of the designer drug is similar to the structure of a Schedule I or II controlled substance, it should be treated as such. Therefore, the penalty you face for possession of a designer drug similar to a Schedule I drug, such as heroin, will be the same as if you actually were in possession of heroin. Depending on the amount of designer drugs found in your possession, you could be facing felony charges. In NY eight ounces or more of a controlled dangerous substance is a Class A-I felony. Fines can be up to $100,000 and from 15 to 25 years in prison or you could be sentenced to both the fine and prison time. Even possession of a minute amount of a controlled dangerous substance can cost up to $1,000 in fines. You could also spend up to a year in jail or both.

Penalties for Selling

Although you may not actually have sold an analog drug to someone, you can still be charged and convicted of doing so. Selling does not mean actually exchanging the drugs for money. It can include giving it away, trading the drug for something, manufacturing, and even offering to give the drugs to someone. Penalties for a felony charge of selling designer drugs, depending on the type, can result in 15 years or more in prison, even for a first offense. Repeat offenders can receive a life sentence. Fines can be $250,000 or more for each charge.

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If you have been arrested for any type of analog drug charge, it is extremely important that you consult with a lawyer as soon as possible. Your freedom could well depend on mounting the best defense. There are several possibilities that your lawyer can explore and advise you on the best option for your situation. The prosecution must prove several things to convict you of possession of a designer drug. This includes that you knowingly possessed the drug, it is a controlled substance, and therefore illegal to possess. All of this must be proven "beyond a reasonable doubt". In addition to physically possessing the illegal drug, you may also be charged with constructive possession. What this means is you had control over the place where the drug or drugs were found, even if you were not present when they were discovered. One of the defenses that your attorney might recommend to help you avoid a conviction is that you had lack of knowledge of the designer drug. This is often used when the drugs were found in a car or elsewhere and you did not have physical possession. Another is the violation of the defendant's Fourth Amendment rights. When drugs are found in plain sight, they may be used as evidence. However, when they were found as the result of an illegal search and seizure, they cannot. These are just a few of the ways an experienced analog drugs lawyer can help to defend you after an arrest. With the laws and penalties on drug possession and distribution becoming more severe, you should not take a chance. You need the expertise of a lawyer who may be able to help you avoid hefty fines, jail time, and a record of a criminal conviction.