A NY Defense Lawyer Explains Possession of Analogue Drug Crimes

Possession of a controlled substance with intent to deliver or distribute is a serious criminal offense, which can carry a lengthy mandatory minimum penalty under federal laws. In some cases, defendants are charged with this crime when the substance they are in possession of is not even on the controlled substances list. This can happen when a defendant has an analog or analogue drug in his possession.

An analogue drug or analog drug is a synthetic drug sometimes called a designer drug. It is similar in form or effect to a controlled substance, but something in the formula or creation of the drug has been altered so it does not strictly fit within the definition of any drugs on the controlled substances list. Under both federal and state law, defendants can be charged with possession of analogue drugs with intent to deliver or distribute. When you find yourself facing charges, you need to get help from a NY designer drug lawyer.

Bukh Law Firm, PLLC provides legal representation to defendants facing New York or federal charges in connection with possession with intent to sell analog drugs. Give us a call today to learn more about the assistance we can offer with your legal defense.

Possession of Analog Drugs with Intent to Deliver

Under state and federal law, the amount of a controlled substance in your possession determines whether you will be charged with a simple possession offense or a much more serious offense of possession with intent to deliver or distribute.

If the substance in your possession is a designer drug, you can be charged even though the narcotic or hallucinogenic substance is not actually a controlled substance. This is because the Federal Analogue Act codified in 21 U.S. Code section 813 mandates that a controlled substance analog should be treated for purposes of all federal laws as a controlled substance. The definition of “analog” or “analogue” is found in 21 U.S. Code section 802, which makes clear that an analog has a substantially similar chemical structure as a controlled substance or has a similar stimulant, depressant, or hallucinogenic effect as a controlled substance.

A schedule I substance is the most tightly controlled substance under federal law, and possession of analog drugs with intent to deliver or distribute can thus subject a defendant to some of the most serious penalties in the criminal justice system, including the potential for lengthy jail time.

NY has specifically been targeting analog drugs involving synthetic cannabinoids, with the NY Senate passing a series of bills in 2016 aimed at making the laws tougher on designer drug possession. A defendant, therefore, could face state-level charges for synthetic drug possession with intent to deliver under NY’s new crackdown on the sale of designer drugs.

Penalties for Possession with Intent to Deliver Designer Drugs

Mandatory minimum sentences under federal law can involve lengthy prison terms for possession with intent to deliver or distribute an analog substance. The amount of substance and the type of designer drug can impact the specific charges that are brought against you and can determine the penalties that you face.

While federal penalties are often more serious than state level criminal charges, defendants don’t get a say in whether the federal or state government prosecutes them for criminal offenses. If you have been accused of a crime, you need to be prepared to fight either the state or federal authorities who are bringing charges against you.

Getting Help from a NY Designer Drug Sales Defense Lawyer

Bukh Law Firm, PLLC provides legal representation to defendants accused of possession with intent to sell designer drugs. If you have been charged with a crime related to any analog drug, you need an attorney who understands the science behind synthetic drugs and who can help you to explore all of your options for defenses. Give our NY designer drug sales defense lawyers a call as soon as you are charged so we can work towards an acquittal or a reduced penalty for serious charges.