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Mar 21, 2024
Unlawful Manufacture of Meth
The Impact of Methamphetamine on New York State
It is undoubtedly true that meth is impacting the citizens of New York state and beyond. There is a reason why this specific drug is classified as a Schedule II substance, and it is because this is an incredibly dangerous drug that many folks fall victim to.
At the moment, the law only recognizes one way to use meth since it is an ingredient in the medical drug, Desoxyn. The law takes meth so seriously that the use of Desoxyn is monitored quite intensely.
Medical professionals are only allowed to use this specific drug to treat attention deficit hyperactivity disorder and folks dealing with obesity.
New York’s Three Degrees of Meth Manufacturing Charges
Now, just because something is illegal, doesn’t mean they won’t happen. There are three recognized meth manufacturing types: first, second, and third degree.
If you are being charged for any of these degrees, it is important to recognize that you need help from a New York lawyer who has experience in this type of crime. An attorney that knows the law regarding unlawful production of meth is going to be able to give you sound advice regarding your future.
More on State Laws and Meth
Section 220.73 – Third Degree Manufacturing
Section 220.73 of the Penal Code in this state is one of the sections you’ll probably want to become familiar with depending on your crime. This is the penal code that makes it illegal for any person to produce the drug.
If a person makes or is planning on making meth, then that person is an inch closer to committing a third degree crime.
Of course, you will also possess at least two precursors for meth, such as solvents or chemical reagents. The combination of all these can be mixed, like if you only have one piece of equipment and three or more chemical reagents or solvents.
Should a person have the intention of making meth, the equipment, and have already begun the process, such as mixing precursor along with two or more solvents, then this person has violated the law.
It is important to mention one thing that hasn’t been mentioned. A person who has the items mentioned and knows someone is going to be using these items to make meth but doesn’t say anything would be in violation of the law.
At this point, the law says that you’ve committed a felony that could put you in prison for up to two years. There is a defense for all of these charges, and you are going to need experienced help, which is the reason you cannot wait to talk to a lawyer if you face these accusations.
| Degree of Offense | NY Penal Code Section | Maximum Penalty | Special Circumstances |
|---|---|---|---|
| Third Degree | Section 220.73 | At this point, the law says that you’ve committed a felony that could put you in prison for up to two years. | If a person makes or is planning on making meth, then that person is an inch closer to committing a third degree crime. |
| Second Degree | Section 220.74 | A person that is found guilty of this specific crime could be looking at anywhere between one and a half to five years, which will surely scare some people. | A person charged with this specific act must have committed the crimes mentioned earlier (when discussing third degree crimes), except this time you would have committed this crime with a minor present. |
| First Degree | Section 220.75 | This is considered a full felony | Basically, if you are permanently disqualified from accepting SNAP at your place of business, your business will never again be able to sell products to customers who are using food stamps to pay for their purchases. |
Section 220.74 – Second Degree Manufacturing with Enhanced Penalties
Section 220.74 is another section of the state’s Penal Code that needs to be highlighted. This code is intended to identify the unlawful manufacturing of meth in the second degree or a felony.
A person that is found guilty of this specific crime could be looking at anywhere between one and a half to five years, which will surely scare some people.
A person charged with this specific act must have committed the crimes mentioned earlier (when discussing third degree crimes), except this time you would have committed this crime with a minor present. The minor or child would have to be 16 years of age or younger.
Granted, the accused would have to be five years older than the child or children present when this crime took place.
It should be pointed out that a second degree charge also applies to repeat offenders. If the accused has been found guilty of unlawful manufacturing of meth in the third, second, or first degree within the last five years, then that person is going to be charged in the second degree automatically.
It is up to the courts to decide if you will convicted or not.
Section 220.75 – First Degree Manufacturing
The Section 220.75 of the states Penal Code deals with what is considered first degree unlawful manufacturing of meth. This is considered a full felony, and to be charged in the first degree, you would have to commit a second degree offense in the past.
Again, five years is the cut off point, but you would have had to have been convicted in the first, second, or third degree. You are definitely going to need proper defense to fight back against the penalties you might be facing.
Building Your Defense Against Meth Manufacturing Charges
You want to keep in mind that the prosecution has to figure out or prove that you’ve committed the crime beyond a reasonable doubt. The right New York unlawful manufacture of meth lawyer can make it difficult for the prosecutor to do this on your behalf.
No one can ever make promises when it comes to the law, but what we are trying to do is improve your odds.
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