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Jul 11, 2016

NY Penal Law 220 Criminal Possession of Controlled Substance

In our ongoing series of posts, we’ve broken down the legalese of the law to make things a little bit clearer. Because when it comes to looking at the penal law in the state of New York, it’s easy to get caught in the language of the law and lose the meaning entirely. With that said, we’re going to continue breaking down the intricacies of the law so that you can understand it and also be on your way to mounting a successful legal defense. In this post we’ll be taking on criminal possession of a controlled substance, but first we’ll need some definitions.

Controlled substances; definitions.

  • Now by sell, we mean to sell or exchange, or offer to do the same.
  • Unlawfully means a violation of one of the articles of the law.
  • An ounce is a solid ounce or a fluid ounce.
  • A pound is a pound in standard measurement.
  • A controlled substance is something that’s schedule I through V, other than marijuana.
  • Marijuana is basically concentrated cannabis.
  • Narcotic drug is a controlled substance other than methadone.
  • Narcotic preparation is a controlled substance listed in schedule II through III.
  • A hallucinogen is a controlled substance in schedule I.
  • Hallucinogenic substance is a controlled substance other than cannabis, LSD, or a hallucinogen.
  • A stimulant is a controlled substance in schedule I through II.
  • A dangerous depressant is a controlled substance listed in schedule I through IV.
  • A depressant is a controlled substance listed in schedule IV.
  • School grounds basically means in a building, structure, or other place that’s in the property line of a school, or an area that the public can get to within one thousand feet of same.
  • A prescription for a controlled substance is a direction or else authorization that will let somebody lawfully get a controlled substance from someone who’s authorized to sell these substances.
  • Precursor basically means ephedrine, pseudoephedrine, or something that’s derivative of these substances.
  • Chemical reagent is something that can be used to manufacture or prepare methamphetamine.
  • A solvent is something that can also be used to manufacture or prepare methamphetamine.
  • Laboratory equipment includes any components, materials, or items that can be used to manufacture or prepare methamphetamine.
  • Hazardous or dangerous material basically means a substance or else combination of substances that’s related to manufacturing or preparing methamphetamine that, because of its quantity or characteristics, poses some kind of risk to the health and/or safety of the people, or a danger to the environment.
  • By school bus we mean a motor vehicle that’s owned by a government agency or school and is operated to transport students, teachers, and other people, either to or from school or to or from school activities.
  • Controlled substance organization, including head shops who sell glass pipes, dab rigs, e liquids,   basically means four or more people who share a common purpose, namely to engage in some kind of conduct that allows them to commit a felony.
  • For the purposes of this article, director means someone who’s the head administrator, organizer, or even leader of an organization that specializes in controlled substances and has a number of administrators, organizers, and leaders.
  • Profiteer basically means someone who is a director of a controlled substance organization and is responsible over one or more people in that organization, or someone who arranges or plans multiple transactions that are considered to be a felony in order to get profits. Someone isn’t a profiteer if they’re only acting as an employee, or if they’re acting as an accommodation to a friend or relative, or if they’re acting under the control of someone else and don’t have any control over the matter.

See? That wasn’t so bad. In fact, when you take the mountain of legalese that is the state of New York’s penal law and break it all down into easy to digest chunks that actually make sense, not only is the law not complicated if not downright confusing, but it becomes so simple that even the layman could understand it, and ultimately, use it to their advantage.

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