Minimum Weight Questions
Is There a Minimum Weight for a Drug Possession Arrest or D.A.T.?
As mentioned elsewhere, there is no minimum amount that must be established by the prosecution in order to charge you with Criminal Possession of a Controlled Substance in the Seventh Degree (NY PL 220.03) as either a processed arrest or Desk Appearance Ticket.
New York's highest court, the Court of Appeals, found in People v. Mizell, 72 N.Y.2d 651 (1988), that even a trace amount of cocaine could be used to substantiate this charge, as long as it can be proven to be the drug in question. The court found that the "amount is immaterial" as long as there is enough to allow for proper identification.
Even if you think you have a valid defense because, for example, there were only a few unusable granules of cocaine or heroin found on your person, you may still be convicted of this crime if the prosecution can prove that you possessed a controlled substance.
If there is a more substantial amount found, anything from as little as 500 purge milligrams or an eighth of an ounce of certain controlled substance, you could be charged with a felony crime even though it was not the police officer's original charge. And if it is determined that you intended to sell the alleged substance, you may be charged with an even more serious felony crime.
Our law firm serves clients in Manhattan, Brooklyn, Bronx, Queens and Westchester County. Call us at 212.312.7129 or contact us online today to speak with our New York attorneys and former Manhattan prosecutors about misdemeanor drug crimes.
In depth information on drug crimes, statutes and laws is located on Crotty Saland PC's New York Criminal Lawyer Blog and its drug crime section.