Top Elmhurst, NY Drug Possession Lawyers Near You
9003 5th Ave, Brooklyn, NY 11209
2027 Williamsbridge Rd, Bronx, NY 10461
16 Court St, Suite 503, Brooklyn, NY 11241
299 Adelphi St Apt 510, Brooklyn, NY 11205-4643
32 Court Street, Suite 408, Brooklyn, NY 11201
100 Chruch St, 20th Floor, New York, NY 10007
152 West 57th St, 8th Floor, New York, NY 10019
198A Rogers Avenue, Brooklyn, NY 11225
139 Fulton Street, Suite 801, New York, NY 10038
7621 13th Ave, Brooklyn, NY 11228
Po Box 3319, Sag Harbor, NY 11963-0408
305 Broadway, Suite 700, New York, NY 10007
1733 Sheepshead Bay Rd, Suite 22, Brooklyn, NY 11235
800 Third Avenue, 20th Floor, New York, NY 10022
60 E. 42nd Street, Suite 1400, New York, NY 10165
3 Times Sq, New York, NY 10036-7703
366 Madison Avenue, 5th Floor, New York, NY 10017
225 Broadway, Suite 1901, New York, NY 10007-3731
1 Metrotech Center, 8th Floor, Brooklyn, NY 11201
44 Court Street, Suite 1217, Brooklyn, NY 11201
353 Veterans Memorial Hwy., Suite 200, Commack, NY 11725
59 Sheer Plaza, Suite 1, Plainview, NY 11803
33 Nassau Avenue, Suite 67, New York, NY 11222
147 W 25th St, 12th Floor, New York, NY 10001
1251 Avenue of the Americas, 20th Floor, New York, NY 10020
Elmhurst Drug Possession Information
Lead Counsel Verified Attorneys in 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