Narcotic drug laws in NY
Last Updated on Wednesday, 13 January 2010 11:06 Written by Sam Friday, 15 January 2010 01:07
There are very strict statutes that govern the abuse of drugs within the state of New York, in particularly the use of narcotics. Oftentimes the New York State Penal Law that concerns the use of narcotic drugs is referred to the Rockefeller drug laws named after the current governor of the state at the time they were created, Nelson Rockefeller.
When the Rockefeller laws were adopted in the state of New York the state gained the reputation and distinction of having the most severe drug laws across the United Stated until a similar set of laws were enacted in Michigan five years later in 1978.
Originally the laws stated that the penalty for selling about 56 grams of morphine, opium, cannabis, cocaine, heroin, and marijuana or being found in possession of about 113 grams of any of the drugs carried a minimum sentence of at least 15 years in prison with a maximum sentence of life in prison. The harsh sentence was equitable to the charges that a person faces if found guilty of second degree murder. Also included in the original set of laws were the same harsh penalties if a violent crime was committed while using any of the above mentioned drugs.
However, the Rockefeller laws have been changed slightly since 1973 lessening the minimum sentencing and the sentencing for the crimes. Currently the latter part of the legislation concerning use of drugs when a violent crime is committed was repealed and in 1979 the drug marijuana was declassified as one of the drugs listed as a narcotic for judicial purposes.
In 2004 the mandatory minimum prison sentences were reduced for those who were classified as non-violent drug offenders and the minimum penalty for conviction on a possession charge was reduced from 15 years down to eight years for those who do not have any prior felonies on their record. In 2009 the laws were reduced further allowing judges to remove the mandatory sentencing of minimums and instead choose to sentence those found guilty of drug possession or trafficking to shorter sentences or treatment instead.
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Tags: drugs, narcotic drugs, rehabilitation
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