New York has historically been known for some of the toughest drug laws in the United States. Most offenses involving controlled substances are felonies. They carry huge fines and most often are accompanied by long prison sentences. Whether you have been charged with possession or a more serious offense, you need the experience of a criminal attorney near Buffalo NY, like the Law Office Of Arthur Pressman. A Drug crime can include but are not limited to:
The Difference Between Possession, Possession with Intent to Distribute and Distribution
The penalties for drug possession vary drastically depending on the type of drug found on your person. In the state of New York, first-time possession of 25 grams or less of marijuana doesn’t carry much consequence ― a citation and a $100 fine. Cocaine, on the other hand, carries a much stiffer penalty. Even if you are only found to be in possession of a very small amount, penalties can be several months to 15 years in prison and fines can be up to $500,000. It is extremely important to have a criminal attorney near Buffalo NY on your side.
Possession with intent to distribute may be determined based on the amount of drugs found on your person. The quantity required to increase the charge from simple possession to possession with intent to distribute varies between the drugs found and their weight. Penalties for this offense are very serious.
Individuals are usually charged with distribution if they are caught with a larger quantity of drugs than would warrant a possession charge, but not enough to necessitate a drug trafficking charge. The heavier the drug, the steeper the penalty. And for a significant amount, an individual can face years behind bars. Arthur Pressman is an experienced criminal attorney near Buffalo NY that can help you.
- It is important to note that possession, possession with intent to distribute and distribution are very separate offenses and all carry different penalties based on their severity in the eyes of the law.
Drug Crime Penalties
If you have been charged with criminal possession of a controlled substance or any other drug crime in New York state, these can be very serious charges. They may involve minimum mandatory prison sentences, and substantial fines and penalties. An individual who has been charged and convicted of possession of 8 oz. or more of a controlled substance may receive anywhere between 1.5 to 20 years’ imprisonment. Conversely, they may be required to pay a fine within the $15,000-$100,000 range.
The laws are a little different when it comes to marijuana. In fact, New York state law divides marijuana related offenses and other drug crimes into two separate groups. Nonetheless. possession of marijuana is considered unlawful and a violation. Marijuana possession in New York state can lead to imprisonment of no more than 15 days. The fine typically does not exceed $250.
- Penalties for any drug related offenses can range from 15 days to 20 years’ imprisonment, and/or fines ranging from $250-$100,000 based on the controlled substance in question.
Marijuana in New York State
As mentioned above, when it comes to drug crimes in the state of New York, the law makes a distinction between marijuana-related offenses and other drugs. That being said, the question that arises is this: is marijuana legal in New York state?
The answer to that is a resounding no. Unlike states like Colorado and the District of Columbia, marijuana possession is still illegal in New York state. The New York state medical marijuana program is one of the strictest when compared to the 23 other states that have legalized medical marijuana. Recreational use and possession of marijuana weighing over 28 grams is illegal. An individual found guilty of such a crime will be charged with either a misdemeanor or a felony.
- Possession of marijuana, especially weighing 28 grams or more, is illegal in New York state and an individual guilty of possession will be charged with either a misdemeanor or a felony.
If you or a loved one are seeking legal counsel to prepare a criminal defense for a drug-related crime, please do not hesitate to give experienced criminal attorney near Buffalo NY, Arthur Pressman a call to help you through this debacle. We offer free consultations