Getting caught in possession of ketamine can lead to serious consequences. This drug is used in veterinary and human medicine as a sedative. Like PCP, ketamine works to create a dissociative anesthesia. Recreational users may snort pills to cause hallucinations and a dream-like state of mind. At high enough doses, individuals may completely dissociate with their real self. Since ketamine is a controlled substance, the state of New York imposes severe sentences if an individual is in possession of ketamine.
For the prosecution to convict you of this crime, they must prove that you possessed a controlled substance. Depending on the circumstances of the case, law enforcement may also charge someone with an additional crime such as intent to distribute or possession with intent to distribute in a school zone. If you are arrested with a large amount of ketamine on you, you will generally be charged with intent to distribute whether you actually planned on distributing it or not.
The Case Against You
Once you are charged for ketamine possession, the prosecution must demonstrate that you obtained or possessed the drug. If you knew what the item was and had the item on your person, it is legally considered possession. When you have the drug in a place that you control and not on your person, it is considered constructive possession. In addition, multiple people can be convicted of possession if they shared possession of the ketamine.
To be convicted, the prosecution must show several things:
– You knew what you possessed
– You obtained the ketamine or possessed it
– The item you had was a controlled substance
If you have 4,000 grams of ketamine or more, you can be charged with a class C felony. In New York State, this includes up to 15 years in prison or a $15,000 fine. If you are found in possession of 1,000 milligrams of ketamine or more, you may be charged with a class D felony. This felony carries up to seven years in prison or a fine of $5,000. The courts may also decide to give you a fine as well as a prison sentence. For any amount of ketamine that is less than 1,000 milligrams, you may be charged with a class A misdemeanor. This lesser charge carries up to one year in jail and a $1,000 fine.
Have You Been Arrested for Ketamine Possession?
If you have been arrested for possession of ketamine, you need to get legal advice right away. Strict state and federal drug laws mean that you could lose your license, pay a large fine, deal with probation or go to jail. If you are convicted, you may have problems finding housing and employment with a criminal record. Due to this, it is important to get professional advice about ketamine defenses.
At Raiser and Kenniff, PC, we are able to help you develop your legal defense. We have the resources necessary to help you confront the prosecution and fight against drug possession charges. With help, you may be able to return your life to normal. Call us at 212-274-0090 to get a free consultation about building your defense.