New York Law Makes Possession and Sale of New Synthetic Drug Illegal

October 25, 2012 (Press-News.org) As the popularity of synthetic drugs increases, the side effects of using substances like "bath salts" have led to more than 300 calls to the New York State Poison Control Center in the first six months of 2012 alone. This is a dramatic jump from 2010, when only 20 calls concerning dangerous side effects associated with the substances were made, according to a press release from New York Gov. Andrew Cuomo. This massive increase in reported poisonings connected to bath salts has caused concern at all levels, from health care providers to government officials.

Until recently, bath salts were legally sold in New York. However, in August 2012, Gov. Cuomo announced his support for a New York State Department of Health regulation that expands existing drug laws to include the substances used to make the synthetic drug. As a result, although law enforcement officers now have the ability to impose penalties on those found selling and distributing bath salts, many people still believe these synthetic drugs are legal.

Further, federal law also makes "bath salts" illegal, and it imposes much harsher penalties for convictions associated with the possession or sale of bath salts.

Announcements like those made by Gov. Cuomo may help to spread the word throughout New York that the drugs are no longer legal and that the distribution, sale and manufacturing of these drugs can lead to various penalties.

The Sale and Distribution of "Bath Salts" Is Illegal in New York

The New York State Department of Health issued the new regulation to make the sale and distribution of these designer drugs illegal in the state. This was done by expanding the list of chemical compounds listed as Schedule I controlled substances to include those commonly used to make bath salts.

In addition to allowing criminal charges to be lodged against individuals who sell, distribute or manufacture the now illegal drug, the new law also expands the government's power to file charges against the owners of businesses who sell bath salts.

The push to place the ingredients for these drugs on the controlled substances list was brought on by the dangerous side effects associated with the drug's use. According to New York's Department of Health, side effects can include hallucinations, paranoia, violence and suicidal thoughts and can result in harm to both the user and others.

The Penalties Associated with Bath Salt Drug Crimes

As mentioned, these designer drugs are banned by federal law, but the new regulation now allows New York to prosecute those who manufacture or sell the drugs in New York under state laws. Those convicted of violating the state law can face criminal penalties including fines of up to $2,500 and 15 days' imprisonment.

Charges involving the possession, sale or distribution of drugs can have many negative effects on the accused person's life. These charges can make it difficult to find employment and can even impact attempts to find housing.

As a result, it is important to take these charges seriously. If you or a loved one is charged with possession, sale or distribution of an illegal drug, contact an experienced drug crime attorney to discuss your legal options.

Article provided by The Law Office of Scott M. Green
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