Drugs and Alcohol Laws, Regulations, and Legal Sanctions
Federal Laws
The Federal Controlled Substances Act prohibits the knowing, intentional, and unauthorized manufacture, distribution, or dispensing of any controlled substance or the possession of any controlled substance with intent to manufacture, distribute, or dispense. Federal law also prohibits the knowing, intentional, and unauthorized creation, distribution, dispensing, or possession with intent to distribute or dispense a “counterfeit substance.”
Simple possession carries a penalty of up to one (1) year imprisonment and a fine of not less than $1,000. Maximum penalties for narcotic trafficking violations range from twenty (20) years to life imprisonment. Certain violations carry mandatory minimum prison sentences of either five (5) years or ten (10) years. For example, the possession with intent to distribute one kilogram or more of a substance containing a detectable amount of heroine carries a term of imprisonment of not less than ten (10) years and up to life imprisonment. Possession with intent to distribute five hundred (500) grams or more of a mixture or a substance containing a detectable amount of cocaine carries a sentence of not less than five (5) years and not more than forty (40) years imprisonment.
Penalties are increased for certain specific drug crimes under federal law as follows:
- the distribution of narcotics to persons under 21 years of age;
- the distribution or manufacturing of narcotics near schools and colleges;
- the employment of juveniles under the age of 18 years in drug-trafficking operations;
- the distribution of controlled substances to pregnant women.
Penalties for the violation of federal narcotic statutes vary greatly and depend upon two principal factors: the type of drug involved and the quantity of the drug involved. More severe penalties are imposed if a firearm is used in the commission of a drug offense. If a drug offense results in death or serious bodily injury to a person who uses the drug, the penalties are increased.
The Drug-Free Workplace Act of 1988 prohibits the "unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance" in the workplace of any recipient of federal grants. If found in violation, these employees are subject to a personnel action up to and including termination, or satisfactory participation in a drug-abuse assistance or rehabilitation program. Payments may also be suspended to the grantee, the grant may be suspended or terminated, and/or the grantee may be debarred from future federal grants.
New York Laws
The use, possession, and sale of controlled substances are subject to severe sanctions under New York law. The specific criminal sanctions are set forth in the New York State Penal Law and the severity of each offense is contingent upon the type and quantity of the illegal substance as well as the intent of the holder, such as personal use or distribution. For example, knowingly and unlawfully possessing a narcotic drug is a class C felony subject to up to five and one-half (5 ½) years imprisonment. Knowingly and unlawfully possessing a narcotic drug with the intent to sell is a class B felony subject to up to nine (9) years imprisonment. Criminally using drug paraphernalia, including capsules, glassine envelopes, vials, or any other material suitable for the packaging of individual quantities of narcotic drugs or stimulants is considered a class A misdemeanor and is subject to up to one year imprisonment.
Under New York State laws including the New York State Alcoholic Beverage Control Law ("ABC Law"), the sale or distribution of alcoholic beverages to a person under the age of 21 or to any "visibly intoxicated person" is deemed a misdemeanor and punishable by a fine of up to $1,000 and imprisonment for up to one year.
Driving While Ability Impaired by Drugs (DWAI) is the operation of a motor vehicle while impaired by the use of a drug as defined in the New York State Vehicle and Traffic Law. Legal consequences may include fines, imprisonment, and a revoked or suspended driver’s license. Driving While Intoxicated (DWI) is the operation of a motor vehicle while having a BAC of .08% or higher. Legal consequences may include fines, imprisonment, and a revoked or suspended driver’s license.
Additionally, New York has a Zero Tolerance Law for individuals under the age of 21 who operate a motor vehicle after consuming alcohol, irrespective of whether the individual’s blood alcohol content exceeds the legal limits for intoxication. Under the Zero Tolerance Law an individual can be subject to various penalties including fines and license revocation or suspension.