NY Penal Law

Crime # 1: Controlled Substance Offenses
Article § 220 of the New York Penal law addresses criminal possession, manufacture and sale of controlled substance. Controlled substance offenses have several degrees. Subsection § 220.03 explores the meaning of controlled substances in the seventh degree which includes all substances enlisted in subsection § 3306 of the NYS Public Health Law (“Article 220 | NY Penal Law | Controlled Substances Offenses”, 2016). The list includes concentrated cannabis but excludes marijuana as defined in section § 3302 of the NYS Penal Law Article. This is a class A misdemeanor whose sentence may span to a one-year imprisonment.
Subsection § 220.06 is a fifth order degree that links offenders with unlawful possession of controlled substances with the aim of selling them. However, an emphasis is placed on cocaine, ketamine, hydroxybutyric gamma acid, concentrated cannabis, phencyclidine and any other narcotic preparation (“Article 220 | NY Penal Law | Controlled Substances Offenses”, 2016). This is categorized under class D felonies where the sentence or probation spans from one to two and a half year. The penalty for a second-time offender may extend to 8 years where one can be convicted to parole supervision. Subsection § 220.09 is concerned with third-degree offenses which center on possession and sale of narcotics, stimulant, hallucinogenic, lysergic acid and phencyclidine. Third-degree offenses are considered class B felonies which are punishable by any imprisonment or probation of 1 to 9 years.

The serving time of a second-time offender extends up to 12 years and may involve parole supervision.
The second degree of criminal possession of controlled substance is discussed in subsection § 220.18. This degree of offense convicts anyone who knowingly and unlawfully prepares narcotics, stimulants, methadone and hallucinogenic substances (Scheb & Scheb, 2014). The sentence of this class A-II felony is a 3 to 10-year imprisonment. A second time offender may be sentenced to 14 years in prison and lifetime probation or 17 years for those who had been involved in a violent felony. Subsection § 220.18 explores first degree offenses that narrow to the preparation of narcotics and methadone. The penalty ranges from 8 to 20 years’ imprisonment. However, imprisonment for second-time offenders of these Class A-1 felonies spans up to 24 years behind bars. Consequently, second-time offenders who have earlier on been involved in a violent crime risk a 30-year imprisonment.
A prosecutor can prove the mens rea of a Controlled substance offense when the convicted individual knowingly and unlawfully possesses, manufactures and sales hazardous substances. The term hazardous or dangerous materials in this context denote any substance or combination of substances that poses a threat to human health, safety or even the environment (§ 220.09(8) & § 220.34(2)). This NYS Penal law provides a prescription for officially authorized parties and individuals who are permitted to handle controlled substances. However, the prescription is only allowed from approved sources as outlined by the New York state prescription standards and policies.
Article § 220 also convicts persons in possession and unlawful manufacture of methamphetamine or chemical reagents used to prepare this hazardous substance. Methamphetamine is made in the laboratory with the use of chemical reagents and solvents. Its quantity, physical-chemical characteristics and concentration pose a threat to human health. Focus is placed on its salts, its isomers and other mixtures used to prepare methamphetamine. Furthermore, the New York Penal law prohibits any activities that are linked to possession and sale of controlled substances near learning institutions such as schools. The school grounds encompass (a) any land or structure belonging to a learning institution or (b) any area within 1000 feet proximity to a school (“Article 220 | NY Penal Law | Controlled Substances Offenses”, 2016). The primary target of this statute is to arrest and prosecute controlled substance organizations and the profiteers of controlled substance activities.
Crime # 2: Offenses involving Marihuana.
Article § 221 of the NYS Penal Law addresses offenses related to possession and sale of marihuana. Section § 3302 of the NYS Public Health Law, likens Marihuana to concentrated cannabis. There are several degrees linked with the Marihuana offenses. Subsection § 221.05 claims that one can be held guilty if they knowingly or illegally possesses marihuana. This violation is only punishable by a fine which is less than $ 100. However, if the defendant had been convicted of a felony under article 220 and 221; then the fine surmounts to (a) $200 for three years to the same violation and (b) $ 250 or a 15-day imprisonment for those who has two previous violations.
Fifth-degree criminal possession of Marihuana (§ 221.10) explores unlawful handling of Marihuana (aggregate weight of more than 25 grams) in public places (“Article 221 | NY Penal Law | Offenses Involving Marihuana”, 2016). The NYS Penal law categorizes this felony under Class B demeanor which may lead to an imprisonment of up to three months. Fourth-degree possession of Marihuana (§ 221.15) reconnoiters the possession of compounds and other mixtures which contain marihuana weighing more than two ounces. The sentence for this Class A demeanor spans to an imprisonment of up to one year. Subsection § 221.20 sets a bar of 8 ounces on the aggregate weight of marihuana compounds, substances, and mixtures. This is a class E felony whose imprisonment ranges from 1 to 1.5 years for first-time defendants. Second-time convicts face an extended sentencing of two years intertwined with parole supervision.
First-degree possession of marihuana (§ 221.25) places an aggregate weight of 16 ounces for compounds, substances, and mixtures related with marihuana. These felonies fit under class D felonies, and the penalty is a two and a half years’ imprisonment or probation. Second-time violators may face an imprisonment of up to 4 to 4.5 years in prison depending on whether they had been convicted of a violent felony. Subsection § 221.30 covers all first degree offenses of criminal possession of marihuana. The specified weight limit is 10 pounds for any substance, mixture or compound containing Marihuana (“Article 221 | NY Penal Law | Offenses Involving Marihuana”, 2016). These felonies qualify as Class C felonies with an imprisonment or probation penalty of up to five and a half years. Second-time convicts face a risk of up to 8-year imprisonment with parole supervision.
This statute has double mens rea which lean on possession and sale of marihuana and any other compound or mixture containing Marihuana. The two most common parameters of each subsection are reference to the weight of the stated compounds which are defined based on ounces and pounds. One ounce of a substance translates to 0.0625 pounds of the same product. The NYS Penal law does not have provisions for legally authorized marihuana dealers. Article § 221 has also embarked on evaluating the weight limits linked with each degree of murder in the criminal sale of Marihuana (New York Law School, 1976). The extent of imprisonment is dependent on the degree of the crime and the weight of the Marihuana and other related mixtures, substances, and compounds. One is found guilty if he or she knowingly or unlawfully is found in possession and sale of marihuana within the specified weight limits.
References
Article 220 | NY Penal Law | Controlled Substances Offenses. (2016). Ypdcrime.com. Retrieved
4 December 2016, from http://ypdcrime.com/penal.law/article220.htmArticle 221 | NY Penal Law | Offenses Involving Marihuana. (2016). Ypdcrime.com. Retrieved 4
December 2016, from http://ypdcrime.com/penal.law/article221.htmNew York Law School, (1976). New York Law School la review. New York, N. Y: New York
Law School.
Scheb, J.M., & Scheb, J.M. (2014). Criminal Law.