The meth problem in New York is not too different from what is being experienced in the rest of the country. In response to this problem, the state legislature has enacted a number of laws that seek both to stem the tide of the devastation caused by methamphetamine and bring severe consequences to people who seek to benefit financially from the use and abuse of the drug. If a prosecution is mounting against you for a meth-related crime, you should begin your defense sooner and not later.
Impact of Methamphetamine
Common street names for methamphetamine include ice, meth, crystal meth, and speed. The harmful stimulant is both synthetically produced and highly addictive. Methamphetamine can be inhaled, swallowed, or injected into veins. Symptoms derived from routine use of methamphetamine include:
- Brain damage
Because of the dangers associated with this drug, state lawmakers have made it illegal to possess even a small amount of methamphetamine.
Additionally, the manufacture of methamphetamine is an extreme potential danger to the community through to the explosive materials needed to manufacture the drug.
Possessing Materials Used For Manufacture
Section 220.70 of New York Penal Law establishes the illegality of possessing a chemical precursor, solvent, or regent that is intended for use in the manufacturing, preparation, or production of methamphetamines. The offense is officially referred to as the Criminal Possession of Methamphetamine Manufacturing Material in the Second Degree. The offense is classified as a Class C misdemeanor.
Section 220.71 of the penal code allows for the Criminal Possession of Methamphetamine Manufacturing Material to be enhanced to a first-degree offense if the accused has been convicted of the same crime within the previous five years. The offense then becomes a class E felony.
Production Process Defined
Individuals charged with possessing materials used to manufacture methamphetamine should understand what prohibited products they are accused of possessing and why it is illegal for them to possess the prohibited items. These materials are broken down into three categories.
- Precursors – Chemicals such as ephedrine, pseudoephedrine, or isomers that are of primary need to methamphetamine manufacturers.
- Chemical Reagents – Substances regularly used as part of the methamphetamine production process.
- Solvents – A class of materials also needed to manufacture methamphetamine
One way to challenge charges of possessing materials used to manufacture methamphetamine is to argue the legal merits of the search that lead to the discovery of any materials in your possession. The laws are clear as to what constitutes a legal search of your property. When a search is conducted that violates these rules, the presiding over your case may decide the search was not lawful. You should speak with a lawyer regarding this and other defense possibilities.
A first conviction of possessing materials to be used for methamphetamine manufacturing is a Class A misdemeanor punishable by one year in jail and three years probation. Individuals convicted of this crime can also face a fine of up to $1,000.
A second conviction of possessing materials to be used for methamphetamine manufacturing is a Class E felony that carries with it a minimum jail sentence of one year and a maximum term of one and a half years. Second-time offenders also face a lengthy probationary period and a fine of up to $5,000.
Individuals charged with this crime will need to mount an aggressive defense on their own behalf to avoid the serious consequences that are possible with a guilty verdict.
Speaking With a Lawyer
The toll the methamphetamine epidemic has taken on individuals and families in New York is impossible to ignore. However, this does not automatically mean that an individual facing charges involving methamphetamine is either guilty or deserving of a harsh penalty.
If you are one of these unfortunate people who are facing prosecution for methamphetamine-related charges, you will give yourself the best chance possible for a desireable outcome by aligning yourself with a skilled and compassionate attorney.