Legal Question in Criminal Law in New York

Clarification of distinction between narcotic drug and narcotic preparation

What is the distinction between ''narcotic drug'' and ''narcotic preparation'' as defined by NYS Penal Law Article 220. I have read schedules I, II or III of NYS Public Health Law, but can't see the distinction. Specifically, isn't heroin an opiate and listed under schedule I, II and III of the Pub Health Law? Can't heroin be contained in a ''narcotic preparation?'' Does the presence of heroin automatically exclude the substance as a schedule III ''narcotic preparation''? I need this info by 8:00 a.m. 1/23/02. Thank you.


Asked on 1/21/02, 11:32 am

1 Answer from Attorneys

Tanya Robinson TRESQ Associates

Re: Clarification of distinction between narcotic drug and narcotic preparation

Well, since you are in a bit of a hurry I give you a brief response.

Narcotic drugs and narcotic preparations really mean the same thing when you are talking about how the charge will affect you. You see, people like to mix their drugs with other things in order to affect it's potency and to make the supply last longer. That can be considered a narcotic preparation. The law didn't want to get into the niceties of purity etc., just to make each and every case.

Yes, heroin is an opiate. Yes, heroin can be cut into other drugs and vice verse.

But the bottom line is this - if you are askign about criminal law - If you possess heroin. They've got you. Even if it is cut. They will test it to be sure there is heroin there. But they really don't care about the weight unless it is some serious sized package.

You are much less likely to see a Health Law charge than a Penal Law charge in such a thing.

Good luck.

And tell your lawyer the TRUTH. Doing so is your best weapon.

Read more
Answered on 1/22/02, 6:16 pm


Related Questions & Answers

More Criminal Law questions and answers in New York