Public Health Law (PHL) 3380 & Penal Law (PL) 270.05: Nitrous Oxide Arrests & Prosecutions in New York City
Drugs and Narcotics – New York Criminal Lawyer Blog
by Jeremy Saland
10M ago
So, you were arrested at the Phish concert outside New York’s Madison Square Garden after NYPD police officers grabbed you with a balloon allegedly filled with nitrous oxide. Maybe you did not even have a balloon in your hand, but were simply next to the nitrous tank when the police handcuffed and placed you under arrested. Though you may have “lucked out” and received a Desk Appearance Ticket or DAT instead of spending the night and early morning in Manhattan’s Central Booking, either of which is a far lousier option than getting lost in “Tweezer” or “You Enjoy Myself” at MSG, now you find yo ..read more
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New York Penal Law Article 222: New York Cannabis Crimes and Offenses
Drugs and Narcotics – New York Criminal Lawyer Blog
by Jeremy Saland
3y ago
New York’s Marihuana Regulation and Taxation Act, aka, the MRTA, ushered in a new era for the legalization of marijuana. What it did not do, however, was create a carte blanche permission slip for every resident of or visitor to New York City, or one of its surrounding suburban municipalities such as those dotting Westchester County, to unfettered cannabis possession or sale. In fact, it established a new article of the Penal Law that practically supplants marijuana’s old Penal Law Article 221. With the codification of Penal Law Article 222, District Attorneys will now prosecute, and criminal ..read more
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Marihuana Regulation and Taxation Act: Brief Introduction to New York Penal Law Article 222
Drugs and Narcotics – New York Criminal Lawyer Blog
by Jeremy Saland
3y ago
When the Marihuana Regulation and Taxation Act, or MRTA, becomes the law of New York State, the legalization of marijuana, or marihuana as written in the Penal Law, will usher in many changes to the criminal law. From establishing the New York State Cannabis Control Board and the Office of Cannabis Management, to memorializing who and how one can lawfully possess, plant, and sell, cannabis, the MRTA will set the course for the future all things cannabis. In terms of the criminal law, as Penal Law Article 221 is reduced to a shell of its former self and is somewhat replaced by the new Article 2 ..read more
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Focus Pills, Orange Pills, White Zans and Study Aids for Sale: Craigslist Crimes from the Sale of Dog Food and Berries to Superman and Roxis
Drugs and Narcotics – New York Criminal Lawyer Blog
by Jeremy Saland
3y ago
I’m looking to buy some Percs, Zanz, Blue Bus or White Girl Study Buddies. Where can I get some Blue Bars, Oxy or something more “exciting” like Ski, Tina or M30? Whether you want to buy or sell Ritalin, Adderall, Xanax, Heroin, Cocaine, Suboxone, Ecstasy, Percocet, Crystal Meth, or just about any other prescription drug, controlled substance or narcotic, Craigslist and other online forums including Reddit can not merely point you in the right direction, but serve as your online pharmacy of substance abuse. As sneaky as Craigslist pharmacists think they may be by placing “no law enforceme ..read more
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New York Molly and MDMA Arrest for PL 220.31 Dismissed: Felony Charges for Criminally Selling Ecstasy Dropped
Drugs and Narcotics – New York Criminal Lawyer Blog
by Jeremy Saland
3y ago
Whether you are at the Electric Zoo Festival on New York’s Randall Island, rolling with Phish at Manhattan’s Madison Square Garden, or you are merely out and about in New York City, Westchester County, Rockland County, or anywhere in the State, if you possess or sell MDMA, Molly or Ecstasy you potentially face an arrest for either a misdemeanor or felony crime. As your criminal lawyer will explain, mere possession of Ecstasy, even one pill, violates New York Penal Law 220.03, Seventh Degree Criminal Possession of a Controlled Substance. Depending on the quantity in your possession and whether ..read more
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The Differing Degrees of Criminal Diversion of Prescription Medication and Prescriptions: NY Penal Law Article 178
Drugs and Narcotics – New York Criminal Lawyer Blog
by Jeremy Saland
3y ago
The prescription drug epidemic may not be as rampant as the crack and cocaine abuse in the 80s and 90s, but it is no less harmful and frightening. Whether a drug is Oxycodone, Xanax, Hydrocodone, Adderall or some other prescribed controlled substance or narcotic, the potential harm to the abuser, his or her family and the community-at-large is great. Because of this, law enforcement from the NYPD in New York City to smaller police departments, as well as the District Attorneys prosecuting crime in the associated jurisdiction, have sought to disrupt the illegal trade and sale of these drugs. Th ..read more
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Drug Possession Arrests in New York: Is a Lab Test Needed to Sustain a Charge of PL 220.03
Drugs and Narcotics – New York Criminal Lawyer Blog
by Jeremy Saland
3y ago
The state of the New York Penal and Criminal Procedure laws as practiced in New York courts is overly restrictive and burdensome. What says you? According to whom? The state of the New York Penal Law and Criminal Procedure Law as practiced in New York courts is overly lenient and broad! The beauty of asking two different people the same question, especially in New York, is that you will get two different answers. Irrespective of one’s personal view, any spectator or active participant in the criminal justice system will likely tell you that on any given day you can likely see both of these per ..read more
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What is Criminally Using Drug Paraphernalia: Understanding NY PL 220.50
Drugs and Narcotics – New York Criminal Lawyer Blog
by Jeremy Saland
3y ago
Though the topic of drug crimes often conjures thoughts of sales, trafficking, or even mere possession of illegal substances, there is another important category of offense that is regularly prosecuted in New York courts. In fact, you may have been arrested an issued a Desk Appearance Ticket, or DAT, for this crime in addition to possessing a controlled substance or marijuana. What is this offense you ask? Second Degree Criminally Using Drug Paraphernalia, New York Penal Law 220.50. Second Degree Criminally Using Drug Paraphernalia is classified as an “A” misdemeanor and is capable of producin ..read more
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Can my Misdemeanor Conviction for Drug Possession be Expunged or Sealed in New York: Understanding CPL 160.59
Drugs and Narcotics – New York Criminal Lawyer Blog
by Jeremy Saland
3y ago
You’ve taken responsibility and paid your dues. It now begs the question. Can my misdemeanor conviction be sealed? Can my drug arrest be expunged? Is there a statute in New York to clear my criminal record? Its been years, even decades, since my arrest, conviction and sentencing for Seventh Degree Criminal Possession of a Controlled Substance in New York. How do I now get a conviction for New York Penal Law 220.03 vacated, cleaned, washed away, expunged, sealed or any other relief to keep my past from destroying my future? As you can discuss with your criminal defense attorney and conviction s ..read more
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What is the Standard for Legal Sufficiency in an NY PL 220.03 Complaint: Evidently Kinda’ Low
Drugs and Narcotics – New York Criminal Lawyer Blog
by Jeremy Saland
3y ago
The types of drugs that routinely flow through New York City and throughout other New York municipalities range from unlawfully possessed prescription drugs such as Oxy and Adderall to the more common cocaine, heroin, MDAM, Ecstasy and Molly. The law is generally clear and a criminal defense attorney you need not when determining what controlled substances you can (or cannot) possess. For that matter, you neither need a drug lawyer nor your mother to advise you that you can’t have any of these narcotics barring a prescription (or at all) unless your goal is trying to violate a New York drug cr ..read more
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