More serious are accusations that a person intended to distribute drugs. It is rare for the police to catch someone in the act of selling. Instead, prosecutors rely on circumstantial evidence obtained using a search warrant. This evidence can include:
- Drugs allotted into individual packages
- The presence of large amounts of cash
- Ledgers or computers with customer lists
Any allegation of drug possession with intent to sell is a felony charge. For possession with intent to sell a controlled substance, a person faces up to seven years in prison. However, if they are charged with intent to sell a narcotic, they face up to twenty-five years.
The Sale of Drugs
The most serious allegations involve the sale of drugs. Knowingly selling any amount of a drug is considered a class D felony and is punishable by up to seven years in prison.
New York Penal Code §220.43 makes the sale of any substance or compound containing a narcotic weighing more than two ounces a class A-I felony. The charge is the same for anyone selling more than two ounces, and can result in up to thirty years in prison.
In its simplest form, New York Penal Code §220.03 states that it is illegal for any person to possess any illegal substance of any kind. The only exception to this is small amounts of marijuana. A violation of this law is a class A misdemeanor which means that a conviction could result in up to one year in jail.