Top East Elmhurst, NY Drug Possession Lawyers Near You
420 Lexington Avenue, Suite 1402 POB 1057, New York, NY 10170
111 Broadway, Suite 1401, New York, NY 10006
245 Main Street, Suite 410, White Plains, NY 10601
65 Broadway, Suite 1005, New York, NY 10006
1225 Franklin Ave, #325, Garden City, NY 11530
22 Little West 12th Street, New York, NY 10014
110 W 40th St, Ste 1900, New York, NY 10018
One Battery Park Plaza, 31st Floor, New York, NY 10004
60 Bay Street, 7th Floor, Staten Island, NY 10314
515 Madison Avenue, 6th Floor, New York, NY 10022
111 John Street, Suite 640, New York, NY 10038
400 Madison Ave, Suite 11D, New York, NY 10017
1393 Veterans Memorial Highway, Suite 312 North, Hauppauge, NY 11788
260 Madison Ave, 16th Floor, New York, NY 10016
260 Trinity Pass Rd, Pound Ridge, NY 10576
510 Haight Avenue, Suite 202, Poughkeepsie, NY 12603
111 Broadway, Suite 1505, New York, NY 10006
650 Halstead Ave, Suite 201B-1, Mamaroneck, NY 10543-0332
27 Union Square West, Suite 307, New York, NY 10003
191 Islip Avenue, Islip, NY 11751
2150 Joshuas Path, Suite 301, Hauppauge, NY 11788
43 W 43rd St, Suite 160, New York, NY 10036
1110 South Ave, Suite 33, Staten Island, NY 10314
26 Court Street, Suite 314, Brooklyn, NY 11242
494 8th Ave, 16th Floor, New York, NY 10123
East Elmhurst Drug Possession Information
Lead Counsel Verified Attorneys in East Elmhurst
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Drug Possession
Drug possession is the illegal possession of a controlled substance. Essentially, to be convicted of a drug possession charge, you knowingly must have a controlled substance in your possession or within your proximity, like storing it in your vehicle. Drug possession can also include having a device used for the consumption of a controlled substance. This is a criminal offense under both New York state law as well as federal law.
Types of Drug Possession Charges
Sometimes drug possession is referred to as actual possession or “constructive” possession, meaning that an individual knowingly has access to and control of a controlled substance but it is not on the person. Some common ways for constructive possession occur is when a person knowingly stores an illegal controlled substance in their car or at their home. Possessing a smaller quantity of a controlled substance for personal use is commonly known as “simple possession.“
What Is A Controlled Substance?
Federal law as well as state law determines the severity of drug possession charges based on the type of drug and divides them into different “schedules.” Each schedule is based on the potential for dependency and abuse. This sliding scale of schedules starts with Schedule V drugs, having the lowest risk, and increases in severity up to Schedule I, posing the most severe risk.
- Schedule I: Heroin, ecstasy, lysergic acid diethylamide (LSD), marijuana, peyote
- Schedule II: Methamphetamine, cocaine, morphine, methadone, phencyclidine (PCP), fentanyl
- Schedule III: Anabolic steroids, ketamine, barbiturates, testosterone, Tylenol with codeine
- Schedule IV: Valium, Xanax, Tramadol
- Schedule V: Other unlawfully obtained prescription drugs and cough medicines like Robitussin with codeine