Legal Sanctions

  1. Controlled Substances - Federal law makes it a criminal offense to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, or simply possess a controlled substance. The New York Penal Law makes it a criminal offense to possess, possess with intent to sell, or actually sell various drugs. The drugs to which this law applies include marijuana.

    The possible sanctions for violation of federal and state and local law involving controlled substances and drugs depend upon the particular offense violated. The various offenses are premised on factors which include the type and quantity of drugs involved. Depending upon the particular circumstances involved, violations of said law could result in sanctions ranging from a monetary fine to life imprisonment.

    A person need not be in actual physical possession of a controlled substance to be guilty of a crime. The unlawful presence of a controlled substance in an automobile is presumptive evidence of knowing possession of each passenger, unless the substance is concealed on the person of one of these occupants. Similarly, the presence of certain substances, including marijuana, in open view in a room under circumstances demonstrating an intent to prepare the substance for sale is presumptive evidence of knowing possession of anyone in close proximity.

  2. Alcohol - New York law also prohibits the misuse of alcohol. Alcohol may not be sold, delivered, or given away to anyone under 21 years of age, nor may someone under the age of 21 present false evidence of age to purchase alcohol. A fine of up to $25 or imprisonment for up to five days can be imposed for consuming an alcoholic beverage in a public place or for public possession of an open container of an alcoholic beverage with intent to consume. Operating a motor vehicle while intoxicated, or impaired by the use of drugs, is a crime for which a sentence of up to one year in prison can be imposed.