Top Elmhurst, NY Drug Possession Lawyers Near You
40 Cutter Mill Road, Suite 300, Great Neck, NY 11021
245 Main Street, Suite 410, White Plains, NY 10601
99 Madison Ave, 8th Floor, New York, NY 10016
335 Madison Ave, Floor 23, New York, NY 10017
2 Park Ave, 20th Floor, Suite 2058, New York, NY 10016
32 Court Street, Suite 408, Brooklyn, NY 11201
1301 Ave of the Americas, Floor 13, New York, NY 10019-6119
47 W. 47th Street, Suite 6A, New York, NY 10036
55 Broadway, Suite 901, New York, NY 10006
605 Third Avenue, Suite 2300, New York, NY 10158
150 East 58th Street, 16th Floor, New York, NY 10155
450 7th Ave, Suite 1304, New York, NY 10123
1399 Franklin Avenue, Suite 201, Garden City, NY 11530
1270 Avenue of the Americas, Suite 2800, New York, NY 10020
1675 Broadway, 19th Floor, New York, NY 10019
420 Lexington Avenue, Suite 1402 POB 1057, New York, NY 10170
175 Greenwich St, 55th Floor, New York, NY 10007
1 Metrotech Center, 8th Floor, Brooklyn, NY 11201
101 Park Avenue, New York, NY 10178-0060
25 Melville Park Rd, Suite 260, Melville, NY 11747
494 8th Ave, 16th Floor, New York, NY 10123
1120 Avenue of the Americas, Fl 4, New York, NY 10036
230 Park Ave, 24th Floor, New York, NY 10169
34 Grove St, Middletown, NY 10940
99 Park Avenue, 4th Floor, New York, NY 10016-1506
Elmhurst Drug Possession Information
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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