What Drugs Are Commonly Attributed to Drug-Related Charges?
Interviewer: What kind of drugs have you seen that are popular in certain areas?
Mike Kramer: Prevalent now are the so-called Designer drugs, which are ecstasy and PHC, cocaine use is also prevalent, whether it is crack cocaine or powder cocaine. Occasionally, you see heroin possession and usually marijuana possession by school-age kids.
Is Marijuana Being Grown in Westchester County?
Interviewer: Are there marijuana farms in Westchester because it’s a little more rural?
It Is Rare to Encounter Cases of Individuals Growing Marijuana in Westchester County
Mike Kramer: No. You don’t. I had a case recently where a woman is charged with growing six or seven plants in her home which is really unusual. The case is pending so l will not want to go into too many details. It would seem to me that police have much better things to do than to take the time and effort to swear out search warrants to come in and search people who are in possession of a number of plants for their own personal use.
The Most Common Drug-Related Charge in Westchester County Is for Possession
Interviewer: Are most of the cases you see involve possession?
Mike Kramer: Most of the cases are possession. Occasionally, you’ll see sales of small quantities but in Westchester County there are not many big drug dealers.
Will You Still Be Charged for Possessing a Very Small Amount of a Drug?
Interviewer: Is there minimum amounts that they won’t bother you about?
The Law Stipulates It Is Illegal to Possess Any Measurable Amount of a Drug
Mike Kramer: Any of the laws requires any measurable amount. If they can find a residue in a glassy envelope, residue in a pipe, or residue in a syringe, enough to test and get a positive result, technically, you can be charged with possession. It is up to the discretion of the police officer whether or not to arrest you for residue.
Interviewer: Have you seen that police would pursue a case for even the smallest amount of a drug?
Mike Kramer: I do get a number of cases where they’re relatively small quantities or residues involved.
Ingesting Drugs Will Not Result in a Possession Charge
Interviewer: Does having drugs in your body equate to possession or does the drug have to be found on your person?
Mike Kramer: You have to possess them outside your body. If you are impaired by drugs though, and get behind the wheel of a car then technically they are in your body and affected you, then you could be arrested.
Technically, It Is Not Illegal to Be under the Influence of Drugs as Long as You Are Not Otherwise Violating Any Law
Interviewer: But is it illegal to be impaired by drugs?
Mike Kramer: If you’re not violating the law otherwise, such as taking drugs and driving, then no.
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