Controlled Substance and Marijuana Offenses (From Basic Course for Prosecutors XII, V 2, P 469-620, 1987 - See NCJ-112901)

• NCJ Number: 112910
• Author(s): N Werne
• Date Published: 1987
• Length: 52 pages
• Sale Source: National Institute of Justice/
• Publication Type: Training (Aid/Material)
• Language: English
• Country: United States of America
• Note: Revised July, 1987 by John E. Carter, Jr.

Annotation

This paper instructs New York State prosecutors in issues pertinent to the prosecution of controlled substance and marijuana offenses under New York State law.

Abstract

After a brief history of New York controlled substance and marijuana law, statutory definitions of 'controlled substances' and 'marijuana' are presented, followed by descriptions of the degrees and associated sentences for possessory offenses. A discussion of proof of possession addresses intent and conduct, chain of custody, evidence identification, and presumptions. The latter encompasses the automobile possession presumption and the narcotics 'mill' presumption. The degrees and associated sentences for controlled-substance and marijuana sale offenses are discussed, followed by issues in the proof of sale, namely, intent and conduct and defenses. Other drug-related offenses briefly discussed are the criminal sale of a controlled substance in or near school grounds, criminally possessing a hypodermic instrument, criminal injection of a narcotic drug, criminally using drug paraphernalia, criminal possession of precursors of controlled substances, the criminal sale of a prescription, and drug loitering. Other topics considered are lesser included offenses in drug possession and sales, a prosecutor's duty to disclose an informant's identity, adjournment in contemplation of dismissal, and provision for the issuance of an appearance ticket for a marijuana violation.