A conviction for possession of drugs with the intent to distribute in New York results in harsh penalties, likely including time spent in prison and fines. As the nature of the offense involves an intention to sell, manufacture or deliver illegal substances to other people, the state treats it seriously because it facilitates the illegal behavior of others and serves as a catalyst for a long-standing public health crisis.
The type(s) of drug involved in any particular offense will directly affect the penalties that may be imposed on a convicted offender.
Types of drugs are split into five categories
The state of New York categorizes different drugs into five schedules Substances are categorized based on their potential for abuse combined with whether they serve a legitimate medical purpose.
Those in Schedule I are considered to have a high potential for abuse without any accepted medical use or treatment in the U.S. Schedule I substances include drugs such as heroin, cocaine and methamphetamine. Next, Schedule II drugs include opiates such as morphine, codeine and oxycodone.
Depending on the amount of drugs in your possession, the penalties applicable range from a Class A-I felony for sale of narcotics down to a Class B misdemeanor for sale of marijuana. The most serious penalties include a term of incarceration up to 20 years in prison.
It’s important to seek legal help if you’ve been arrested for a drug crime. Given the serious nature of this offense, it affords you the best opportunity to successfully defend the charges against you.