Top Smithtown, NY Drug Possession Lawyers Near You
201 Old Country Rd, Suite 120, Melville, NY 11747
111 Church Street, White Plains, NY 10601
1185 Avenue of the Americas, 22nd Floor, New York, NY 10036
260 Madison Avenue, 22nd Floor, New York, NY 10016
1114 Avenue of the Americas, 32nd Floor, New York, NY 10036
PO Box 12, South Jamesport, NY 11970
330 Madison Ave, 27th Floor, New York, NY 10017
209 NY-32, Central Valley, NY 10917
1639 Centre St, Ste 216, Ridgewood, NY 11385
551 Fifth Ave, Suite 1600, New York, NY 10176
11 Market Street, Suite 205, Poughkeepsie, NY 12601-3179
32 Court Street, Suite 408, Brooklyn, NY 11201
148 S Liberty Dr, Stony Point, NY 10980-2321
877 N. Corona Avenue, Valley Stream, NY 11580
1325 Avenue of the Americas, 28th Floor, New York, NY 10019
37-06 82nd St, Suite 304, Jackson Heights, NY 11372
325 Broadway, Suite 505, New York, NY 10007
1850 Amsterdam Avenue, New York, NY 10031
100 Garden City Plaza, #400, Garden City, NY 11530
521 5th Ave, 17 Floor, New York, NY 10175
840 Franklin Avenue, Garden City, NY 11530-2900
1 Huntington Quadrangle, Suite 1S04, Melville, NY 11747
40 Exchange Place, Suite 1800, New York, NY 10005
1025 Westchester Ave, Suite 106, White Plains, NY 10604
250 Broadway, Suite 600, New York, NY 10007
Smithtown 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