NY Designer Drug Defense Attorney Explains Possession of Analog Drugs
Analog drugs or analogue drugs are generally synthetic substances, which means the substances are manufactured rather than occurring naturally in plant form. Some synthetic drugs are produced to create the same chemical reactions or to have the same effects as substances on the state or federal controlled substance list. When a designer drug is substantially similar to a controlled substance, a defendant could be charged for possession of analog or analogue drugs, even if the particular substance in his possession is not actually on the controlled substances list.
If you are accused of possession of analog or analogue drugs by NY authorities or by federal authorities, you could be facing serious drug charges. You need a NY designer drug possession lawyer to help you to fight the charges that you face and to argue against being convicted. Your attorney can help you try to avoid being found guilty of a crime related to analogue drugs or can assist you in negotiating a plea deal aimed at reducing penalties associated with possession of a controlled substance.
NY and Federal Laws on Analog Drug Possession or Analogue Drug Possession
The NY Senate’s prepared report on the threat of analogue drugs revealed that there were allegedly 6,000 residents of New York hospitalized in 2015 because of synthetic cannabinoids. Synthetic versions of cannabis products have been created to provide a similar effect to cannabis, which remains an illegal controlled substance on the federal level.
Analogue drugs like synthetic cannabinoids are generally manufactured because it is possible to create unique formulas which deviate slightly from the types of chemical compounds which are unlawful under the federal and state controlled substances acts. To address the problem of designer drugs which are outside of the prohibitions of the Controlled Substance Act, the Federal Analogue Act was passed in 1986 and codified in 21 U.S. Code section 813.
Under the Federal Analogue Act, a controlled substance intended for human consumption should be treated as a Schedule I controlled substance if it is substantially similar in chemical structure to the structure of any controlled substance in Schedule I or Schedule II. This means being in possession of a designer drug like a synthetic cannabinoid can result in possession charges as if you had a Schedule I substance under your control.
While the Federal Analogue Act has been in effect since 1986, New York State is still grappling with how to treat synthetic or designer drugs. In 2016, the Senate passed a “package of bills” aimed at criminalizing possession, manufacture, and sale of synthetic drugs. The goal of the bills was to eradicate the sale of K2, Alpha-PVP, synthetic cannabinoids, and a variety of other designer drugs.
Penalties for Designer Drug Possession
The specific penalties faced for designer drug possession vary depending upon what type of analogue substance you have, what controlled substance the analog drug is similar to, and the amount of the substance under your control. Having higher amounts of an analogue drug can mean that you are charged not just with simple possession but charged with possession with intent to distribute, even absent proof of any attempt to distribute the drug.
Federal drug laws impose mandatory minimum sentences for defendants in many situations, so the penalties faced will also vary depending upon whether you are charged on the state or federal level. Raising defenses to possession charges may be especially essential if you have been charged with violating federal laws relating to designer drug possession.
Getting Legal Help with Analogue Drug Possession Charges
When charged with possession of analog or analogue drugs, you need an experienced NY designer drug defense lawyer to advocate for you. Cases related to designer drugs can be complicated because you may wish to argue that the substance is not actually an analogue and is thus not illegal under state or federal controlled substances laws. An attorney with familiarity of the science behind drug manufacture can be an invaluable ally.
Bukh Law Firm, PLLC has extensive experience representing clients facing analogue drug possession charges. Call today to find out how we can fight for an acquittal or help you to do everything you can to avoid a drug possession conviction.