220.6 Criminal possession of precursors of controlled substances

In the state of New York, manufacturing controlled substances is against the law. Additionally, it’s against the law to possess the precursors or necessary ingredients that make up some controlled substances. As per New York Penal Code 220.60, it’s illegal to possess ingredients that can make up substances like phenylacetone and methylamine, which are used to create methamphetamine. At the same time, merely possessing ingredients is not illegal, as stated within the statute. To be charged and convicted of criminal possession of precursors of controlled substances, an individual must possess certain items and intend to manufacture a controlled substance.

Example of criminal Possession of Precursors of Controlled Substances

Police are given a tip by a man that his neighbor is stashing drugs inside his home. Police get a legal search warrant to check it out but don’t find any controlled substances during the search. However, they do uncover a significant amount of certain ingredients that can make up a specific controlled substance. The man who lives at the residence can subsequently be charged with and prosecuted for criminal possession of precursors of controlled substances due to the contents the police discovered in the house.

When is a Person Guilty of criminal Possession of Precursors of Controlled Substances as Per New York Penal Code 220.60?

A person can be considered guilty of criminal possession of precursors of controlled substances if they possess certain ingredients and have the intention of manufacturing a specific controlled substance. The following substances can lead to guilt:

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Legal Scenario: What Would You Do?

Scenario

A graduate chemistry student discovers that her roommate has been ordering large quantities of phenylacetone and methylamine through online chemical suppliers and storing them in their shared apartment's basement. She is terrified that if police discover the chemicals, she could face criminal charges even though she had nothing to do with purchasing them.

Can I be charged with criminal possession of precursors of controlled substances under New York Penal Code 220.60 just because my roommate stored these chemicals in our shared apartment?

Attorney's Answer

Under New York Penal Code 220.60, criminal possession of precursors of controlled substances requires proof that you knowingly and unlawfully possessed the precursor chemicals with the intent to manufacture a controlled substance. Mere proximity to the chemicals in a shared living space does not automatically establish legal possession or criminal intent on your part. However, prosecutors may argue constructive possession if they believe you were aware of the chemicals and had some degree of control over the space where they were stored. You should immediately distance yourself from the situation, avoid handling or moving any of the materials, and consult a criminal defense attorney who can help protect your rights and build a defense based on your lack of knowledge or intent.

This is general information only. Contact us for advice specific to your situation.

• Carbamide (urea) and propanedioc and malonic acid or its derivatives
• Ergot or an ergot derivative and diethylamine or dimethylformamide or diethylamide
• Phenylacetone (1-phenyl-2 propanone) and hydroxylamine or ammonia or formamide or benzaldehyde or nitroethane or methylamine
• Pentazocine and methyliodide
• Phenylacetonitrile and dimethylaminoisopropyl chloride
• Piperidine and cyclohexanone and bromobenzene and lithium or magnesium
• 2, 5-dimethyoxy benzaldehyde and nitroethane and a reducing agent