I’m looking to buy some Percs, Zanz, Blue Bus or White Girl Study Buddies. Where can I get some Blue Bars, Oxy or something more “exciting” like Ski, Tina or M30? Whether you want to buy or sell Ritalin, Adderall, Xanax, Heroin, Cocaine, Suboxone, Ecstasy, Percocet, Crystal Meth, or just about any other prescription drug, controlled substance or narcotic, Craigslist and other online forums including Reddit can not merely point you in the right direction, but serve as your online pharmacy of substance abuse. As sneaky as Craigslist pharmacists think they may be by placing “no law enforcement” or “I’m not a cop” in their advertisement, the posts are as brazen as they are inviting to law enforcement and prosecutors.
As a criminal defense lawyer representing clients in drug crimes involving unlawful prescription drug sales and possession, its is my duty to represent a client to the fullest of my ability regardless of the accused conduct. After all, the burden always remains on the prosecution to prove a case beyond a reasonable doubt. Every accused has due process rights that, regardless of the allegation, must never be violated. However, know that it is not my job to also serve as your parent and give you a proverbial pat on the back. An apologist for illegal conduct I am not. While the best defense is abstaining from using, buying, distributing or selling drugs and controlled substances, knowledge of the New York Penal Law, even after the fact, can assist in identifying and implementing the strongest defense to avoid the full force of New York’s criminal justice system.
Other than unlawfully selling 25 grams or less of Marijuana pursuant to Fourth Degree Criminal Sale of Marijuana, New York Penal Law 221.40, any and all sales of illegal drugs is a felony offense. Starting on the relative low end as class “D” felonies and on the high end of a class “B” felony, Criminal Sale of a Controlled Substance crimes outside those involving significant weight, are punishable by indeterminate prison sentences up to nine years. For Example, New York Penal Law 220.31, Fifth Degree Criminal Sale of a Controlled Substance, may be the least harsh drug sale crime in New York, but a conviction carries a sentence of 1-2.5 years in prison followed by 1 year post release supervision. More significant, New York Penal Law 220.34 and New York Penal Law 220.39, Fourth and Third Degree Criminal Sale of a Controlled Substance, have associated sentences of 1-5.5 years in prison followed by 1-2 years post release supervision and 1-9 years (2-9 if school grounds or sale to a child) in prison followed by 1-2 years post release supervision respectively for any person without a criminal record.
Although the subject of a different blog entry relating to felony Criminal Possession of a Controlled Substance crimes including New York Penal Law sections 220.06, 220.09 and 2201.16, Fifth through Third Degree Criminal Possession of a Controlled Substance, know that if prosecutors and the police can establish certain weight minimums or merely an intent to sell, you can face the same felony exposure without being charged with a sale. Because most recreational buyers are not purchasing Ritalin, Adderall, Xanax, Heroin, Cocaine, Suboxone, Ecstasy, Percocet, Crystal Meth or other drugs in weight or to turn around and sell the same, a buyer’s exposure may (“may” being the operative word) be far less. Simple and personal use possession is a violation of New York Penal Law 220.03, Seventh Degree Criminal Possession of a Controlled Substance. This crime is no less permanent, but is a misdemeanor with a possible one year jail sentence. What may compound matters for the alleged misdemeanor possessor is that the District Attorney may want that person to allocute against a buyer before offering a plea or the PL 220.03 case may track the more serious felony if prosecutors may seek the assistance of purchaser in a larger case. Even if atypical, finding yourself in such a situation is unenviable.
As referenced in the title of this entry, whether you are buying or selling Study Aids, Focus Pills, Dog Food, Berries, Tina, Molly, M30 or Percs, law enforcement knows whats’ up. Eventually they will coming either literally or proverbially “knockin’ at your door.” Should you find yourself under arrest, do yourself a favor. Don’t aggravate the legal situation you find yourself facing. You have rights. Exercise them.
To learn about New York drug crimes and laws, review the links here or search this blog. Whether you received a NYC Desk Appearance Ticket or are the target of a long term investigation tied to CraigsList or otherwise, educate yourself on the law. No matter if you are selling your own prescription drugs on the street or steering buyers through Reddit, the consequences are potentially life altering. Irrespective if you are moving party drugs at a Phish concert at Madison Square Garden or the Electric Zoo Festival on Randall’s Island, open your eyes. A criminal conviction lasts longer than the blackest permanent Sharpie marker.
Saland Law PC is a New York criminal defense firm founded by two former Manhattan prosecutors. The New York criminal lawyers at Saland Law PC represent clients in drug investigations, arrests and trials throughout New York City and the Hudson Valley.