Drug Sales on School Grounds
So you think it’s no big deal, you have a little pot on you at school- maybe you sell a little bit to a friend, not much- maybe enough to roll a single joint with. After all marijuana is decriminalized in NY right? You can’t be charged with any real crimes right? Wrong. A big wrong that could have huge impacts on your entire life.
Yes, it’s true in NY State Unlawful Possession of Marijuana is considered only a violation and subject to only fines on your first or second offense and “only” a fine and/or 15 days in jail on your third offense. The game all changes when it happens on school grounds. That little bit of marijuana that you sell to a friend for a few bucks becomes subject to felony charges that could have a significant impact on the rest of your life.
Section 221.5 of NYS Penal code provides that “A person is guilty of criminal sale of marihuana in the second degree when he knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana and the preparations, compounds, mixtures or substances are of an aggregate weight of more than four ounces, OR knowingly and unlawfully sells one or more preparations, compounds, mixtures or substances containing marihuana to a person less than eighteen years of age.” Criminal sale of marijuana in the second degree is a class D felony. A class D felony could be punishable of 1-3 to 7 years in prison. In addition, a felony conviction on your record will affect you ability to receive federal and state student loans, could prevent you from obtaining professional licenses, firearm permits, and make you ineligible for certain jobs.
Already thinking twice about having drugs in school or selling/sharing with friends? Good but wait – there is more. Depending on the circumstances, amounts, and other variables, you COULD open yourself to charges in violation of Section 220.44 Criminal sale of a controlled substance in or near school grounds. Criminal sale of a controlled substance in or near school grounds is a class B felony. All the same ramifications of felony convictions on your record that we told you about above hold true and in addition, non-violent class B felonies carry a sentencing guideline of 1-3, Max 25 years. This includes recreational drugs like psychedelic mushrooms, acid, narcotic pain pills, hashish, ecstasy, and of course cocaine and heroin. “Harmless experimentation” with these popular drugs in or around schools is a very serious mistake! It’s certainly not harmless to your health or your future.
If you find yourself charged with a crime of this nature, it is imperative that you contact an experienced, knowledgeable criminal attorney in your state. If your charges are in Onondaga, Oneida, Madison, or Jefferson County and have additional questions, don’t hesitate to CONTACT OUR OFFICE
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