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
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
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.