NY Penal Law § 220.50: Criminally using drug paraphernalia in the second degree. A person convicted of criminal use in the second degree of drug paraphernalia may face up to one year in jail for this Class A misdemeanor.The College expressly prohibits the unlawful use, possession, manufacture, distribution, or dispensation of controlled substances, which includes alcohol. CONTROLLED SUBSTANCES OFFENSES ; 220.75, Unlawful manufacture of methamphetamine in the first degree. Criminal possession of precursors of methamphetamine. However, any other possession of a drug, no matter how small the amount, can be charged under this law. Yes, drug paraphernalia are illegal. The drug paraphernalia statute, U.S.. Code Title 21 Section 863, makes it. 1 (Unlawful Manufacturing, Importing, Exporting, Trafficking, or. Possession; Continuing Criminal Enterprise). 33.