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

June 24, 2020 Federal Criminal Attorneys

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

The narcotic known as methamphetamine, also known variously as meth, speed, uppers, crystal meth, and ice, is a synthetic, dangerous stimulant. Under New York law, methamphetamine is categorized as a Schedule II(d) controlled substance. It can be taken orally, intravenously, or by inhalation. The manufacture of methamphetamine entails combining dangerous, volatile ingredients in a very precise manner. Mishandling or poorly assembling the ingredients can result in an explosion. It is a criminal offense to possess the materials required to make methamphetamine including a precursor, a chemical reagent or a solvent, with the intent to utilize such materials in the manufacture of methamphetamine. To do so would be to violate New York Penal Code § 220.70, criminal possession of methamphetamine manufacturing material in the second degree. However, if you have already been convicted of this crime at least one time in the prior 5 years and you are suspected of re-committing this crime, the charge you could face is criminal possession of methamphetamine manufacturing material in the first degree in violation of New York Penal Code § 220.71.

 

An Example

On the basis of a tip the police received, they executed a search warrant on a residence that supposedly housed a methamphetamine laboratory (a meth lab). Although the police did not find any meth, what they found was ephedrine and pseudoephedrine, both of which are known  precursors for meth. The owner of the home could face prosecution under first degree criminal possession of methamphetamine manufacturing material if this is his first offense, or possibly second degree criminal possession of methamphetamine manufacturing material if this is his second time committing the crime. The prosecutor needs to demonstrate that the homeowner’s intent was to utilize the materials found in the search to manufacture methamphetamine.

 

Offenses that are Related

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

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

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

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

 

T Possible Defenses

In the event that you are charged with criminal possession of methamphetamine manufacturing in the first degree, you might be able to challenge the charge by arguing that the search that revealed the material was unlawful. 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.

 

The Sentence

Since criminal possession of methamphetamine manufacturing material in the first degree is a in the group of class E felony, if you are convicted, the maximum possible prison sentence that you could face is 4 years. Your sentence might also include a fine as well as a 5 year probation term. 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.

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