New York Penal Code 220.60 makes it illegal to possess certain chemicals, known as precursors, with the intent to unlawfully manufacture controlled substances. This law targets possession of ingredients used to make drugs like methamphetamine, cocaine, LSD, and others. Let’s break down the key aspects of this statute.

What Are Precursors?

Precursors are chemicals that can be used to manufacture illegal drugs. Common precursors include:

• Methylamine – used to make methamphetamine
• Phenylacetone – used to make methamphetamine
• Ergotamine – used to make LSD
• Piperidine – used to make fentanyl

Precursors may have legitimate uses, but become illegal when possessed alongside evidence of intent to manufacture drugs. Methylamine, for example, has industrial applications but is also essential for making meth.

Intent to Manufacture

To be convicted under NY Penal Code 220.60, the prosecution must prove you possessed precursors and intended to use them to manufacture controlled substances. Simply possessing precursors is not enough. Prosecutors often use circumstantial evidence to demonstrate intent:

• Possessing equipment used for manufacturing drugs, like glassware
• Possessing recipes or formulas for making controlled substances
• Having prior drug manufacturing convictions

Lacking evidence of intent makes this a difficult charge for prosecutors to prove. But intent can be inferred from the circumstances.

Possession

To convict under 220.60, the precursors must be in your possession or control. This includes:

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• On your person
• In your home, car, locker, etc.
• Being held or transported by someone under your direction

Joint possession with others can be sufficient. For example, if precursors are found in a home or storage unit you share with other people. Constructive possession applies when you have knowledge of and access to the precursors, even if not directly on your person.

Legal Scenario: What Would You Do?

Scenario

Federal agents execute a search warrant at your medical practice, seizing patient records and prescription logs.

Can they take patient records without patient consent?

Attorney's Answer

A valid federal search warrant overrides HIPAA privacy protections. However, the warrant must be properly scoped. An attorney can challenge overly broad warrants and move to suppress improperly seized evidence.

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

Penalties

Criminal possession of precursors is a class E felony, carrying:

• 1 to 4 years in prison
• Up to $5,000 in fines
• Permanent criminal record