Methamphetamine Manufacture and Distribution in New York

Methamphetamine is a serious problem all across the country, and New York is no exception. Due to the emphasis on enforcement of drug laws, law enforcement officials are vigilant in looking to catch a suspect manufacturing, possessing, or selling methamphetamines.

A variety of activities can land you in hot water for methamphetamine-related crimes such as:

Possessing a particular piece of scientific laboratory equipment.
You are possessing certain chemical reagents or solvents.
You are disposing of laboratory equipment in a public place.

New York Statutes Governing The Manufacturing & Distribution Of Methamphetamine

Article 220 of the New York Penal Law covers controlled substances offenses. One controlled substances specifically addressed by these statutes is methamphetamine. Let’s outline these crimes briefly:

Criminal possession of methamphetamine manufacturing material in the second degree

NY PL § 220.70
You commit the crime of criminal possession of methamphetamine manufacturing material in the second degree when you possess a precursor, chemical reagent, or solvent and intend to use or provide to another for the unlawful production, preparation, or manufacture of methamphetamine.
A precursor is ephedrine, pseudoephedrine, or any salt, isomer, or salt of an isomer of ephedrine or pseudoephedrine.
A chemical reagent is one that can be used to prepare, manufacture, or produce methamphetamine.
A solvent is one that can be used to prepare, manufacture, or, produce methamphetamine.
Criminal possession of methamphetamine manufacturing material in the second degree is a class A misdemeanor.

Criminal possession of methamphetamine manufacturing material in the first degree

NY PL § 220.71
You commit the crime of criminal possession of methamphetamine manufacturing material in the first degree when you possess a precursor, chemical reagent, or solvent and intend to use or provide to another for the unlawful production, preparation, or manufacture of methamphetamine; and
You have been convicted of that same crime within the past five (5) years.
A precursor is an ephedrine, pseudoephedrine, or any salt, isomer, or salt of an isomer of ephedrine or pseudoephedrine.
A chemical reagent is one that can be used to prepare, manufacture, or produce methamphetamine.
A solvent is one that can be used to prepare, manufacture, or, produce methamphetamine.

Criminal possession of methamphetamine manufacturing material in the first degree is a class E felony

Criminal possession of precursors of methamphetamine

NY PL § 220.72
You commit the crime of criminal possession precursors of methamphetamine when you simultaneously possess a precursor and a chemical reagent or solvent, and you intend to use them to manufacture methamphetamine unlawfully or to provide them to another who intends to do the same.
A precursor is an ephedrine, pseudoephedrine, or any salt, isomer, or salt of an isomer of ephedrine or pseudoephedrine.
A chemical reagent is one that can be used to prepare, manufacture, or produce methamphetamine.
A solvent is one that can be used to prepare, manufacture, or, produce methamphetamine.
Criminal possession of precursors of methamphetamine is a class E felony.

Unlawful manufacture of methamphetamine in the third degree

NY PL § 220.73
You commit the crime of unlawful manufacture of methamphetamine in the third degree when you simultaneously possess, with the intent to use or to provide to another to use to prepare, produce, or manufacture methamphetamine unlawfully:
Some combination of two (2) or more pieces of laboratory equipment and two (2) or more solvents, chemical reagents, or precursors;
Some combination of three (3) or more solvents, chemical reagents, or precursors and one (1) piece of laboratory equipment; or
A precursor:
Mixed with a solvent or chemical reagent; or
Mixed together with two or more solvents or chemical reagents mixed together.
A precursor is an ephedrine, pseudoephedrine, or any salt, isomer, or salt of an isomer of ephedrine or pseudoephedrine.
A chemical reagent is one that can be used to prepare, manufacture, or produce methamphetamine.
A solvent is one that can be used to prepare, manufacture, or, produce methamphetamine.
Unlawful manufacture of methamphetamine in the third degree is a class D felony.

Unlawful manufacture of methamphetamine in the second degree

NY PL § 220.74
You commit the crime of unlawful manufacture of methamphetamine in the second degree when you commit the crime of unlawful manufacture of methamphetamine in the third degree in the presence of someone younger than sixteen (16) years old, and you are more than five years older than the minor; or
You commit the crime of unlawful manufacture of methamphetamine in the third degree, and you have been convicted of one of the following crimes within the past five (5) years:
Criminal possession of precursors of methamphetamine;
Criminal possession of methamphetamine manufacturing material in the first degree;
Unlawful disposal of methamphetamine laboratory material;
Unlawful manufacture of methamphetamine in the third degree;
Unlawful manufacture of methamphetamine in the second degree; or
Unlawful manufacture of methamphetamine in the first degree.
Unlawful manufacture of methamphetamine in the second degree is a class C felony.

Unlawful manufacture of methamphetamine in the first degree

NY PL § 220.75
You commit the crime of unlawful manufacture of methamphetamine in the first degree when you commit the crime of unlawful manufacture of methamphetamine in the second degree and have been convicted of one of the following crimes within the past five (5) years:
Unlawful manufacture of methamphetamine in the third degree;
Unlawful manufacture of methamphetamine in the second degree; or
Unlawful manufacture of methamphetamine in the first degree.
Unlawful manufacture of methamphetamine in the second degree is a class B felony.

Unlawful disposal of methamphetamine laboratory material

NY PL § 220.76
You commit the crime of unlawful disposal of methamphetamine laboratory material when you illegally dispose of methamphetamine laboratory materials, knowing that doing so furthers a methamphetamine operation, and the disposal of the equipment creates a substantial danger to the environment or human health or safety.
Unlawful disposal of methamphetamine laboratory material is a class E felony.

With so many different offenses and very specific criteria for different methamphetamine-related crimes, it is important to have an attorney on your side.

Federal Statutes Governing The Manufacture & Distribution of Methamphetamine

The federal government has also passed legislation to punish the manufacture and distribution of methamphetamine. Under 21 U.S.C. § 841 it is a crime to knowingly or intentionally manufacture, dispense, distribute, or possess with the intent to manufacture dispense or distribute a controlled substance. It is also a crime to create, dispense, distribute, or possess with the intent to manufacture, dispense, or distribute a counterfeit substance.

The penalties for violations of this statute are dependent on the amounts of the controlled substances in question. There can also be sentence enhancements if the use of the controlled substance results in death or serious bodily injury.

The consequences for violating this federal statute can be extremely severe with penalties including imprisonment in excess of twenty (20) years and fines into the millions of dollars. With such life-altering sentences possible for convictions under this statute, having a knowledgeable lawyer in your corner can mean the difference between a life of freedom and a life behind bars.

What Agencies Investigate The Manufacture & Distribution Of Methamphetamine

The war on drugs has been at the heart of law enforcement in America for decades. Due to the immense amount of money spent fighting drugs, there are many different agencies and tasks forces investigating and prosecution methamphetamine-related crimes.

On the federal level, the Drug Enforcement Administration (DEA) is tasked with drug smuggling and drug abuse.
The Federal Bureau of Investigation (FBI), as the primary federal law enforcement agency, also investigates and prosecutes federal drug crimes such as trafficking. These agencies may work in concert on an investigation, and depending on the scope of the investigation, additional federal agencies such as;
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

Furthermore, there is a possibility of an investigation encompassing state law enforcement agencies in addition to federal authorities.

Are there enough law enforcement resources in New York?

The State of New York is also extremely concerned with the manufacture and distribution of drugs. Methamphetamines are one of the highest priority controlled substances for New York law enforcement agencies. There are numerous task forces in New York dedicated to the enforcement of drug laws.

Many counties have large, well-funded drug task forces. State, county, and local officers are trained to be constantly vigilant in the search for drug activity. This expansive dragnet of law enforcement resources and personnel make arrests for methamphetamine-related crimes a reality for many in the city and state of New York.

With such an emphasis on the eradication of drugs from the streets of New York, the prosecution can be harsh and unforgiving. Law enforcement agencies across the state spend thousands of hours in intense interrogations of suspects for methamphetamine-related crimes. The combination of these factors makes the retention of an expert attorney essential. The smallest misstep during an interrogation or court proceeding can cost you decades of your life and millions of dollars, don’t face these charges without an attorney on your side.

Statutory Penalties For Manufacture & Distribution Of Methamphetamine In New York

The penalties for methamphetamine-related offenses vary depending on the degree of the offense. Article 220 of the New York Penal Code outlines the crimes related to the manufacture and distribution of methamphetamine.

Criminal possession of methamphetamine manufacturing material in the second degree is a class A misdemeanor, punishable by:

up to one (1) year in prison or three (3) years of probation; and
a fine not to exceed $1,000 or double the amount of the gain from the crime.

Criminal possession of methamphetamine manufacturing material in the second degree is a class E felony, punishable by:

a maximum of four (4) years imprisonment or probation; and
a fine.

Criminal possession of precursors of methamphetamines is a class E felony, punishable by:

a maximum of four (4) years imprisonment or probation; and a fine.

Unlawful manufacture of methamphetamine in the third degree is a class D felony, punishable by:

up to seven (7) years imprisonment or probation, and a fine.

Unlawful manufacture of methamphetamine in the second degree is a class C felony, punishable by:
up to fifteen (15) years imprisonment and
a fine

Unlawful manufacture of methamphetamine in the first degree is a class B felony, punishable by:
up to twenty-five (25) years imprisonment and
a fine

Unlawful disposal of methamphetamine laboratory material is a class E felony, punishable by:
a maximum of four (4) years imprisonment or probation, and
a fine.

A conviction for a methamphetamine-related offense carries stiff penalties and should not be taken lightly. It is possible that in the course of an investigation, you may be charged with multiple offenses related to one methamphetamine operation. Depending on the location, scope, and reach of the operation, you may find yourself facing state and federal charges.

With a stacking of a few of these charges, a conviction may result in your spending the rest of your life in prison. If you have a relatively recent conviction for any of these crimes, the penalties are enhanced and the chances of a lifetime without freedom increase even further. With so much on the line, don’t go it alone, call you now.

Defenses To Manufacture & Distribution Of Methamphetamine

If you are arrested and charged with any methamphetamine-related offense, there may be some defenses produce, or manufacture methamphetamine. You might argue that although you were in possession of the requisite laboratory equipment and/or ingredients but that you did not have the intent to manufacture methamphetamine.

You could be a chemistry student with a severe head cold. It may also be possible to fight the probable cause determination of the arresting officer. Without probable cause, the court could rule the evidence inadmissible.

We Are Here To Help, Call Us Now!

The manufacture and distribution of methamphetamine are heavily investigated and prosecuted crime on the federal and state level. The war on drug provides for a nearly endless stream of funding for drug task forces. Law enforcement agencies highly prioritize drug crimes, especially methamphetamines.

Not only does the distribution and use of methamphetamines have extensive public health and safety consequences, but the manufacture of methamphetamines can result in large and often deadly explosions. It is no wonder that methamphetamines are prosecuted at such a high rate because of taking all these factors into account.

With decades-long prison sentences and fines potentially reaching into the tens of millions of dollars, it is imperative to get one of our expert drug lawyers working for you. For any questions about the crimes of manufacture and distribution of methamphetamines, or to have a confidential consultation with one of our knowledgeable criminal defense attorneys, please call us today. We have an office nearby that would be happy to assist you.