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Articles Posted in NARCOTICS

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CRIMINAL POSSESSION OF MARIHUANA IN THE FOURTH DEGREE [NY PENAL LAW 221.15]

In New York, one is guilty of criminal possession of marihuana in the fourth degree when they knowingly and unlawfully possess one or more preparations, mixtures, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate (total) weight of more than two ounces.…

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UNLAWFUL POSSESSION OF MARIHUANA IN NEW YORK (UPM): MULTIPLE OFFENSES – NEW YORK PENAL LAW SEC. 221.05

Possession of 25 grams or less of marihuana in New York is generally not a criminal offense. [PL 221.05]. Therefore, simple possession of an unlit “joint” or a “nickel or dime” bag in New York is generally only charged as the violation – Unlawful Possession of Marihuana. One can be…

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NEW YORK SENATE GOVERNOR AND ASSEMBLY REACH DEAL ON REPEALING ROCKEFELLER DRUG LAWS

New York criminal defense lawyers, especially those that handle New York State drug cases, are monitoring an agreement just announced between the New York Senate, Assembly and Governor to repeal the Rockefeller Drug Laws. Details are not fully available but the legislation is expected to substantially reduce and in some…

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While New York Drug Laws and Many Other State’s Laws Consider Crack Cocaine and Powder Cocaine the Same Drug, Federal Drug Laws Do Not.

Currently, Tilem & Campbell has one appeal pending before the United States Court of Appeals for the Second Circuit challenging the constitutionality of the previously discussed 100:1 powder cocaine v. crack cocaine sentencing discrepancy. Tilem & Campbell has another Federal Narcotics case for which it is preparing the appeal now.…

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