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NY Penal Law § 220.70: Criminal possession of methamphetamine manufacturing material in the second degree

June 24, 2020 Federal Criminal Attorneys

NY Penal Law § 220.70: Criminal possession of methamphetamine manufacturing material in the second degree

Methamphetamine (“meth”) is highly addictive. It is a Schedule II(d) controlled substance. Using materials and ingredients that are easily attainable, it can be manufactured right at home. Nevertheless, it is not legal to manufacture meth, just the same as it is illegal to manufacture all controlled substances for unlawful uses.  It is illegal to possess materials used to make methamphetamine including a precursor, a chemical reagent or a solvent with the intent to manufacture methamphetamine under New York Penal Code § 220.70 criminal possession of methamphetamine manufacturing material in the first degree. If you get convicted of this crime once and then you do it a second time, you will have violated New York Penal Code § 220.71 and you would be charged with criminal possession of methamphetamine manufacturing material in the first degree 

 

An Example

In response to a report of a domestic disturbance, the police show up at a woman’s home. The woman opened the door and, to the officers, she appeared disheveled and “out of it.” Nevertheless, she allowed the officers to enter her home. Upon entering, the officers spotted several packets of cold medication, nail polish remover, drain cleaner, and batteries in plain sight on a table. The officers then arrested the woman on suspicion of criminal possession of methamphetamine manufacturing material in the second degree. Due to the fact that the selection of materials are those commonly used to manufacture meth, the prosecutor could charge the woman with possession of meth manufacturing material. That said, because there are also separate, innocuous reasons for having every one of the items in her home, the woman may have a plausible defense against such a charge.

 

Offenses that are Related

Criminal possession of methamphetamine manufacturing material in the first degree: New York Penal Law § 220.71

Criminally using drug paraphernalia in the second degree: New York Penal Code § 220.50

Criminally using drug paraphernalia in the first degree: New York Penal Code § 220.55

Criminal possession of precursors of methamphetamine: New York Penal Law § 220.72

 

Possible Defenses

In the event that you are charged with criminal possession of methamphetamine manufacturing in the second degree, you could possibly challenge the charge by arguing that the materials in question were not used or intended for the use of  manufacture meth, rather, they were for innocuous uses. An alternative way to respond to this charge you could  successfully challenge the method the police used to discover the drugs. Pursuant to the law, in order to conduct a search, whether it is a search of your car, apartment or office, the police must demonstrate that they had probable cause to do so. If it is determined that the search was unlawful, anything which the search produced, including illicit drugs, would be inadmissible in court and your case would likely be dismissed.

 

Sentence

Due to the fact that criminal possession of methamphetamine manufacturing material in the second degree is categorized as a class A misdemeanor, if convicted, you could be sentenced to up to 1 year behind bars. Your sentence could also include a probation term of 3 years. For the purpose of determining your sentence, the judge will take several factors into consideration.  These factors include the crime committed, the details of the crime, your criminal history and your personal background. If you are a first time offender, then your sentence will be a lot less severe than if you have a criminal history.

 

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