Criminally Using Drug Paraphernalia in the Second Degree

Definition under New York law

PL 220.50 · Original statutory wording; excerpts must be read together with the full section.

§ 220.50 Criminally using drug paraphernalia in the second degree.A person is guilty of criminally using drug paraphernalia in thesecond degree when he knowingly possesses or sells:1. Diluents, dilutants or adulterants, including but not limited to,any of the following: quinine hydrochloride, mannitol, mannite, lactoseor dextrose, adapted for the dilution of narcotic drugs or stimulantsunder circumstances evincing an intent to use, or under circumstancesevincing knowledge that some person intends to use, the same forpurposes of unlawfully mixing, compounding, or otherwise preparing anynarcotic drug or stimulant; or2. Gelatine capsules, glassine envelopes, vials, capsules or any othermaterial suitable for the packaging of individual quantities of narcoticdrugs or stimulants under circumstances evincing an intent to use, orunder circumstances evincing knowledge that some person intends to use,the same for the purpose of unlawfully manufacturing, packaging ordispensing of any narcotic drug or stimulant; or3. Scales and balances used or designed for the purpose of weighing ormeasuring controlled substances, under circumstances evincing an intentto use, or under circumstances evincing knowledge that some personintends to use, the same for purpose of unlawfully manufacturing,packaging or dispensing of any narcotic drug or stimulant.Criminally using drug paraphernalia in the second degree is a class Amisdemeanor.

In everyday language

This offense concerns knowing possession or sale of specified dilution materials, packaging materials, or weighing equipment under circumstances showing the required unlawful drug-related purpose. The circumstances must show either an intent to use the items for that purpose or knowledge that someone intends to do so; the item alone does not establish every requirement.

At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.