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Drug Paraphernalia Crimes in Nassau County, NY

Charges of drug paraphernalia are a serious matter in Nassau County and Long Island, NY. It is illegal to possess controlled substances, but it also is illegal to possess items that can be used to ingest, sell, cultivate or manufacture drugs. Scales, baggies, bongs and rolling papers could be included in that list of paraphernalia.

Penal Law 220.50 was enacted as a means of prosecuting individuals engaged in drug trafficking where drug paraphernalia is recovered without actual drugs at the time of arrest (see Donnino, Practice Commentaries, McKinney's Cons Laws of NY, Book 39, PL 200.50, at 77). In fact, prosecutors argued the drug paraphernalia statute "could be extremely helpful in prosecuting ‘factory’ cases and in cases where a search warrant is obtained but the drugs are not present [when] the paraphernalia used is found.” See People v. Tirado, 38 N.Y.2d 955, 384 N.Y.S.2d 151, 348 N.E.2d 608 (1976).

As a general matter, law enforcement officers often attempt to charge this crime for scales or balances for the purpose of weighing or measuring marijuana. As such, the statute criminalizing the use of drug paraphernalia only should apply to criminal intent regarding narcotic drugs or stimulants and not to similar circumstances regarding marihuana.

Many of the terms used in the statute are vague and broad, although the constitutionality of the statute has been previously upheld. Defenses often revolve around whether the items had a legitimate use. Other defenses exist to fight these charges, including the showing of an unlawful search or seizure, an unlawful search warrant or an insufficient showing of actual or constructive possession. Attorney Stephanie Selloni fights drug charges aggressively throughout Nassau County and Long Island, NY.

If you are charged with criminally using drug paraphernalia, either as a Class B misdemeanor in the second degree or as a Class D felony in the first degree, contact an experienced criminal defense attorney in Nassau County with offices conveniently located in Garden City, NY. Call Stephanie Selloni of Law Office of Stephanie Selloni at 516-972-1212 to discuss your case.


Information on Drug Paraphernalia Charges in Nassau County, Long Island


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Paraphernalia - Class B Misdemeanor in the Second Degree

Criminally using drug paraphernalia in the second degree is a Class B misdemeanor. Section 220.50 prohibits criminally using drug paraphernalia and requires a showing beyond all reasonable doubt of the following elements:

  • Knowingly possesses or sells:
  • diluents, dilutants or adulterants, including but not limited to, any of the following:
    • quinine hydrochloride, mannitol, mannite, lactose or dextrose,
    • adapted for the dilution of narcotic drugs or stimulants
    • under circumstances evincing an intent to use, or
    • under circumstances evincing knowledge that some person intends to use,
    • the same for purposes of unlawfully mixing, compounding, or otherwise preparing any narcotic drug or stimulant; or
  • Gelatine capsules, glassine envelopes, vials, capsules or any other material suitable for the packaging of individual quantities of narcotic drugs or stimulants
    • under circumstances evincing an intent to use, or
    • under circumstances evincing knowledge that some person intends to use,
    • the same for the purpose of unlawfully manufacturing, packaging or dispensing of any narcotic drug or stimulant; or
  • Scales and balances used or designed for the purpose of weighing or measuring controlled substances,
    • under circumstances evincing an intent to use, or
    • under circumstances evincing knowledge that some person intends to use,
    • the same for purpose of unlawfully manufacturing, packaging or dispensing of any narcotic drug or stimulant.

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Paraphernalia - Class D Felony in the First Degree

Criminally using drug paraphernalia in the first degree is classified as a Class D felony under Section 220.55, when the person charged has previously been convicted of criminally using drug paraphernalia in the second degree.


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Finding a Drug Paraphernalia Defense Attorney in Nassau County, NY

If you are charged with possession of drug paraphernalia in Nassau County, contact a skilled criminal defense attorney at Law Office of Stephanie Selloni. Related drug charges can include possession of a controlled substance, sale of a controlled substance, prescription drug fraud or forgery, and marijuana crimes.

Evidence in these cases often revolves around the legality of a search warrant, the admissibility of statements from the accused or an examination of the physical evidence. Call 516-972-1212 to discuss your best defense with an experienced drug crimes attorney in Nassau County, Long Island, NY.