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New York drug trafficking penalties

On Behalf of | May 7, 2021 | Drug Charges

Being charged with drug manufacturing or distribution is a very serious criminal matter in the state of New York. Prosecutors and judges alike want to clean up the streets in New York City especially, and those out in the upper region of the state are likewise as determined. Covered in Section 220 of the New York Penal Code, penalties range widely from significant prison terms for those convicted of major trafficking and manufacturing charges to lower-level misdemeanor simple possession cases. Marijuana possession has actually been decriminalized within the state, but court authorities are still very serious about chemical and opioid cases when pursuing drug charges.

Marijuana charges

The type of drug that is the basis for a charge in New York can impact the case widely when punishment is handed down. Possession of under 28 grams of marijuana can actually be dismissed in a deferred prosecution in most cases. Others are a $100 fine. However, significant amounts can be problematic and often defendants can be classified as a major trafficker or profiteer. These cases can be filed as felonies under certain circumstances.

Narcotics and other controlled substances

Narcotics are assessed by a different standard than marijuana, as even possession of small amounts of drugs such as heroin, cocaine, and methamphetamine is punishable by up one year in jail. Those found with over 25 grams of higher scheduled controlled substances are usually charged with felonies, and convicted defendants can be punished by up to five years in prison with major traffickers receiving enhanced felony drug charges with even harsher penalties.

Case details determine the level, and it always takes experienced and aggressive legal representation in defending felony drug charges. Case details can matter, and an aggressive criminal defense attorney can often get certain evidence dismissed when search and seizure protocol has been violated by arresting officers.

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