Top Elmhurst, NY Drug Possession Lawyers Near You
60 Bay Street, 7th Floor, Staten Island, NY 10314
1393 Veterans Memorial Highway, Suite 312 North, Hauppauge, NY 11788
60-88 Myrtle Ave, Ridgewood, NY 11385
48 Academy St, Poughkeepsie, NY 12601
535 5th Ave, 4th Floor, New York, NY 10017
650 Halstead Ave, Suite 201B-1, Mamaroneck, NY 10543-0332
2150 Joshuas Path, Suite 301, Hauppauge, NY 11788
191 Islip Avenue, Islip, NY 11751
277 Broadway, Suite 1501, New York, NY 10007
1110 South Ave, Suite 33, Staten Island, NY 10314
2027 Williamsbridge Rd, Bronx, NY 10461
225 Broadway, Suite 1901, New York, NY 10007-3731
9003 5th Ave, Brooklyn, NY 11209
26 79th St, Brooklyn, NY 11209
59 Sheer Plaza, Suite 1, Plainview, NY 11803
600 Third Avenue, 42nd Floor, New York, NY 10016
299 Adelphi St Apt 510, Brooklyn, NY 11205-4643
190 EAST POST ROAD - SUITE 402, Suite 402, White Plains, NY 10601
139 Fulton Street, Suite 801, New York, NY 10038
711 Third Avenue, New York, NY 10017
7621 13th Ave, Brooklyn, NY 11228
800 Third Avenue, 20th Floor, New York, NY 10022
198A Rogers Avenue, Brooklyn, NY 11225
1733 Sheepshead Bay Rd, Suite 22, Brooklyn, NY 11235
305 Broadway, Suite 700, New York, NY 10007
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