Defense Attorney for an Arrest Resulting from Criminally Using Drug Paraphernalia in the 2nd Degree
When a Buffalo resident is accused of being a “drug dealer,” not all of the charges necessarily require proof that the accused actually possessed or sold a controlled substance.
Instead, there are related criminal offenses that may be charged even if law enforcement has no proof that the person ever had any illegal drugs in his or her possession.
Criminally Using Drug Paraphernalia in the Second Degree is one of those criminal offenses.
Criminally Using Drug Paraphernalia in the Second Degree is a charge that may be brought when a person knowingly has in his or her possession or sells various items typically associated with the packaging and distribution of controlled substances.
While it is not necessary for law enforcement to be able to prove actual possession of any illegal drug, it must be proven that the accused person intended to use the paraphernalia for the purpose of illegally manufacturing, packaging or dispensing a controlled substance.
If the arrest is for the sale of drug paraphernalia, it must be proven that the accused person knew the person purchasing the item intended to use it for such a purpose.
Specific items that are classified as drug paraphernalia under New York State law include various chemicals used to dilute purer forms of narcotic drugs or stimulants prior to their sale, gelatin capsules such as used for medication, glassine envelopes, vials, or other packaging suitable for the division of controlled substance into individual doses, and scales and balances suitable for the weighing of controlled substances.
If you have been accused of possessing drug paraphernalia or any other drug related offense, we are experienced criminal defense lawyers who can be reached at 716-542-5444 for legal help.