Criminal Possession in the First Degree of Methamphetamine Manufacturing Material: New York Penal Code § 220.71

Methamphetamine, also known as ice, crystal meth, uppers, speed, and meth, is a highly addictive stimulant. The drug may be taken different ways: by inhaling, by ingesting or by injecting. It is relatively easy to make because its ingredients and materials are readily available and are commonly found in most residences. However, manufacturing methamphetamine requires combining volatile and dangerous ingredients that may cause explosions if handled incorrectly.

As a Schedule II(d) controlled substance, it is against the law to manufacture methamphetamine. NY Penal Code § 220.70 makes it illegal to possess materials used to make methamphetamine, including a chemical reagent, solvent, or a precursor and own them with the intent that they be used for the manufacture of methamphetamine. If within five years, a second charge for criminal possession of ingredients and materials with the intent to make methamphetamine is received, then the individual will face the more serious New York Penal Code § 220.71 penalties or criminal possession in the first degree of methamphetamine manufacture materials.

Hypothetical Case

Suppose the police were called to a home because neighbors reported that they suspected a meth lab was in operation there. The man who lived in the residence allowed the responding police to enter his home. He was shirtless and ungroomed. On the coffee table in the living room, the police officers found pseudoephedrine and ephedrine, both of which could be ingredients used to make methamphetamine. The police arrested the man because they suspected that he was making methamphetamine. Because the materials are commonly used in the ordinary household for acceptable and lawful purposes, such as relief from head colds and chest tightness, the prosecuting attorney must provide evidence that the man intended to make methamphetamine with the products.

Possible Defenses

No intention to manufacture methamphetamine. To assert his innocence, the man must prove that he had no intention of manufacturing methamphetamine with the materials found by the police. He must prove that the materials were in his possession for lawful purposes.

Lack of probable cause. In New York, probable cause is required before police may legally conduct a search of private property. Authorities must have reason to believe that the law was broken to apply probable cause. If the police officers in the case described above did not have reason to believe that there was an infraction of the law, then any materials found from the search may not be used as evidence.

Other lines of defense. Through careful analysis of the details related to the case, a competent and reputable defense lawyer may come across other worthwhile tactics to challenge the charge and successfully argue the case for a decision of innocent.

Possible Sentence

To determine the appropriate sentence for the crime, the judge will consider the details of the crime, as well as the history and personal background of the convicted person. Generally speaking, a first time offender will receive a less severe sentence than a repeat offender.

Imprisonment. As a Class E felony, criminal possession in the first degree of methamphetamine manufacturing material carries a sentence of up to four years in prison.

Probation. A convicted individual may also be sentenced to five years of probation.

Monetary Fine. A convicted individual may also have a mandatory fine to pay.

NY Penal Code § 220.71: Criminal Possession in the First Degree of Methamphetamine Manufacturing Material

To reiterate, a person is guilty of criminal possession in the first degree of methamphetamine manufacturing material if:

  1. The person has a solvent, chemical reagent or a precursor of methamphetamine in their possession; and
  2. The person intends to use or has knowledge that another person intends to use the aforementioned materials for the unlawful production, preparation or manufacture of methamphetamine; and
  3. The person has previously been convicted for criminal possession in the second degree of methamphetamine manufacturing material within the last five years.
Lawyer to Defend Against the Charge of Criminal Possession in the First Degree of Methamphetamine Manufacture Materials

A conviction for criminal possession in the first degree of methamphetamine manufacturing material has negative impacts on a person’s life. A person convicted of this crime would have a criminal record, be imprisoned for up to four year and possibly also serve five years on probation as well as owe the courts a hefty fine. To successfully challenge the charges, you must immediately seek legal counsel.

Elliott Adler PC law firm has extensive experience defending persons charged with criminal possession in the first degree of methamphetamine manufacture materials. Rest assured in the fact that Elliot Adler PC law firm has effectively advocated on behalf of clients accused of felony as well as misdemeanor controlled substance crimes in the State of New York. The Elliot Adler PC law firm is highly competent at representing persons accused of drug crimes, including the possession or sale of controlled substances such as methamphetamine, OxyContin, cocaine, LSD, heroin, Vicodin, crack, PCP, and marijuana.

We can be reached at (212) 785-1300 or http://www.newyorkcriminallawyer24-7.com to schedule a no-obligation, free legal consultative meeting to evaluate your case.

Related Offenses

For additional information, refer to the following sections of the New York Penal Code:

  1. Criminal possession of methamphetamine precursors: § 220.72
  2. Criminal possession in the second degree of methamphetamine manufacturing material: § 220.70
  3. Criminal use in the first degree of drug paraphernalia: § 220.55
  4. Criminal use in the second degree of drug paraphernalia: § 220.50