New York Penal Code § 220, 50 allows the prosecution of a person who knowingly and illegally has drug paraphernalia in his possession for the sale, manufacture, or packaging of drugs. While federal law has guidelines for what is and isn't drug paraphernalia, states have their own laws about what is drug paraphernalia and what isn't. By contrast, NY PL 220.50 routinely involves the possession of scales, glassine paper, or vials used in the packaging, sale and manufacture of medicines. There are three theories or types of second-degree criminal drug paraphernalia crimes that you and your criminal lawyer will face if you are arrested for violating NY PL 220,50.
In addition, you are likely to face additional charges for drug-related offenses, such as charges related to possession or sale of drugs. The mere fact of possessing items that can be used in the sale, manufacture or packaging of illegal drugs is not in itself grounds for conviction under this section of the Act. If you are convicted of criminally using drug paraphernalia in the second degree, you will most likely be sent to jail for a year. Under federal law, defendants can face consequences for several different crimes related to drug paraphernalia.
Therefore, if you are charged with criminally using drug paraphernalia simply based on possession of items listed in this law without proof that they were intended to be used to make drugs, package drugs, or sell drugs, then you can have a defense against the charge. Basically, anything that can be used in drug-related offenses can be considered by the police as drug paraphernalia. The defense attorney must discredit the association of possession of paraphernalia with the intention of selling, manufacturing or packaging controlled drugs. Due to the previous conviction, the man was arrested for first-degree criminal use of drug paraphernalia.
Under the Federal Drug Paraphernalia Statute, it is illegal to possess, sell, and transport drug paraphernalia.