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NY Penal Law § 220.76: Unlawful disposal of methamphetamine laboratory material

June 24, 2020 Federal Criminal Attorneys

NY Penal Law § 220.76: Unlawful disposal of methamphetamine laboratory material

Due to the fact that the materials involved in making methamphetamine can be so dangerous, it is unlawful to even dispose of hazardous or dangerous methamphetamine laboratory material in a way that could pose a health risk to others or a risk to the environment. It is against the law under New York Penal Code § 220.76 to

 

  • Unlawfully dispose of methamphetamine laboratory material
  • Knowing that the materials were used or intended for use in connection with a methamphetamine operation
  • In a manner that poses a risk to the health and/or safety of humans or causes a substantial threat to the environment

 

An Example

Police officers observed a garbage bin on the curb in front of a house that contained empty or partially empty containers of various chemicals. A strong order was emanating from the bin. The officers immediately became suspicious that the trash contained waste derived from meth making activities. The officers questioned the occupants of the house about the contents of the  trash. They claimed that they were unaware of what was inside their bins. Suspicious about what was going on in the house, the officers entered the home and discovered a meth lab. Ultimately, the officers placed both the owners of the house under arrest on suspicion of unlawful disposal of methamphetamine laboratory material as well as unlawful manufacture of methamphetamine.

 

Offenses that are Related

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

Unlawful manufacture of methamphetamine in the second degree: New York Penal Code § 220.74

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

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

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

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

 

Possible Defenses

Depending on where the materials were found, the prosecutor will have to connect the discarded material to you for the charge to be valid. If they cannot accomplish this, then the prosecutor will have a difficult time convicting you.

 

Sentence

Due to the fact that unlawful disposal of methamphetamine laboratory material is categorized as a class E felony, if you are convicted, the maximum possible prison sentence that you will 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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