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NY Penal Law § 220.74: Unlawful manufacture of methamphetamine in the second degree

June 24, 2020 Federal Criminal Attorneys

NY Penal Law § 220.74: Unlawful manufacture of methamphetamine in the second degree

It is against the law to manufacture methamphetamine, because on top of the fact that meth is a highly addictive illegal drug, producing meth in your home is extremely dangerous. Mishandling the combination of materials necessary to create meth can result in a toxic explosion. You could be looking at a charge of unlawful manufacture of methamphetamine in the third degree under New York Penal Code § 220.73 if you possess:

 

  • Two or more articles of lab equipment, and also 2 or more meth precursors, chemical reagents or solvents,
  • One article of equipment and 3 or more meth precursors, chemical reagents or solvents,
  • A meth precursor mixed together with a reagent or solvent, or
  • Two or more known meth chemical reagents mixed with a solvent

 

That said, the charge you could be dealing with would be raised to unlawful manufacture of methamphetamine in the second degree under New York Penal Code § 220.74 if you meet these conditions:

 

  • Within the previous 5 years you have been convicted of a methamphetamine-related offense, or
  • You commit the crime of unlawful manufacture of methamphetamine in the second degree in the presence of a minor child who is under the age of 16 and you are at least 5 years older than the minor child.

 

Example

The police executed a search warrant on the basis of suspicion that a methamphetamine laboratory (meth lab) was being operated out of a home where 3 children under the age of 15 were living. In the search, the police found acetone, pseudoephedrine, red phosphorus and sodium hydroxide as well as several articles of laboratory equipment commonly used to make meth.  No children were at the home, however, and there was no evidence that any children resided there. Although the owner of the home could be prosecuted for unlawful manufacture of methamphetamine in the third degree based on what the search revealed, they could not be charged with unlawful manufacture of methamphetamine in the second degree.

 

Offenses that are Related

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

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

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

Unlawful manufacture of methamphetamine in the first degree: New York Penal Code § 220.75

Unlawful manufacture of methamphetamine in the third degree: New York Penal Code § 220.73

 

Possible Defenses

In the event that you are charged with second degree unlawful manufacture of methamphetamine, you might be able to successfully challenge the method the police used to discover the materials. 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

Since criminal sale of a prescription for a controlled substance is a class C felony, if you get convicted, your possible prison sentence will be up to 15 years. The minimum sentence that the judge can give you is either 3 1/2 or 7 years.  Which minimum applies to you depends upon whether or not you have a prior felony conviction. You will also be ordered to pay a fine of as much as $15,000.

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