Criminally using drug paraphernalia in the first degree · as in force on May 31, 2026
§ 220.55 Criminally using drug paraphernalia in the first degree.
A person is guilty of criminally using drug paraphernalia in the first degree when he commits the crime of criminally using drug paraphernalia in the second degree and he has previously been convicted of criminally using drug paraphernalia in the second degree.
Criminally using drug paraphernalia in the first degree is a class D felony.
A person commits first-degree criminal use of drug paraphernalia by committing second-degree use and having a prior conviction for second-degree criminal use of drug paraphernalia. ★ The offense is a class D felony.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.