Controlled substance crimes prosecuted in the state of New York
If one counts crimes involving the use and distribution of marijuana as drug crimes, there are thirty different crimes prosecuted by the state of New York as "drug crimes." Two questions are frequently asked by very many people about drug crimes. the first question is what are those crimes? The second question is why does the state care to prosecute these so called "victimless" crimes. Good questions indeed! This article will deal with the various crimes that are prosecuted as crimes involving the possession of controlled substances. Later articles will deal with various crimes prosecuted as sales of controlled substances, drug paraphenalia, crimes involving wrongful possession and sale of prescription drugs, crimes involving marijuana and finally, the whys of criminal prosecution of drug crimes.
There are seven levels of crimes prosecuted as a function of the possession of controlled substances. The most serious is an A-1 felony that carries a sentence of a minimum of twenty-five years incarceration up to a maximum lifetime in jail. The least serious carries a sentence of up to one year in jail.
The least serious crime involves simple possession of a small amount of a controlled substance such as heroin, ketamine, methamphetamine or cocaine and is classified as an "A" misdemeanor, which can be punished by a sentence of up to one year in jail. While there is no sixth degree possession, fifth degree possession involves possession of any phencyclidine (PCP (Angel Dust)) or slightly larger amounts of controlled substances as well as possession of any controlled substance with the intent to sell it. Fourth degree posession adds either larger amounts of any controlled substances or more than minimal amounts of certain stimulants, lysergic acid diethylamide (LSD) or various other hallucinogens. Third, second and first degree possession charges are defined by increasingly larger amounts of controlled substances.
Later articles will explore sales of controlled substances and other drug crimes, crimes involving marijuana and the moral, political and social reasons of drug crime prosecutions.