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Criminal Possession of Controlled Substance Precursors: New York Penal Code § 220.60

NY Penal Code § 220.60 allows for the prosecution of a person who possesses ingredients with the intent to make controlled substances. Ingredients such as phenylacetone and methylamine are substances that combine to produce methamphetamine. It is not illegal to possess phenylacetone or methylamine, but it is illegal to possess them with the intent to manufacture a controlled substance. Such possession violates New York Penal Code 220.60. To convict a person for violation of Penal Code 220.60, the prosecuting attorney must demonstrate that the accused possessed the ingredients with the intent of producing a controlled substance.

Hypothetical Case

Suppose police officers received a tip that a man was suspected of transacting drug sales in his apartment. Because of the information they received, the police officers were able to obtain a search warrant to enter the man’s apartment and look for controlled substances. The officers found the precursors for methamphetamine, phenylacetone and methylamine, whereupon they arrested the man for criminal possession of controlled substance precursors.

Possible Defenses

No intent to manufacture drugs. Simply possessing precursors that may be used to produce illegal drugs is not in and of itself grounds for conviction under this section of the law. The prosecuting attorney must show the evident connection between possession of the paraphernalia and the intent to sell, manufacture or package controlled substances. The defense lawyer must discredit the assertion that possession of the ingredients for controlled substances necessarily implies intent to manufacture controlled drugs.

Unlawful search. If the police officers entered the apartment without legal authority, evidence obtained therefrom will not be admissible in a court of law.

Other lines of defense. By carefully examining the case details, a seasoned and experienced defense lawyer may uncover vulnerabilities in the prosecutor’s case and raise evidence to convince the court to find the accused not guilty.

Possible Sentence

Imprisonment. A person convicted of criminal possession of controlled substance precursors may be sentenced up to four years in jail for this Class E felony.

Probation. A person convicted of criminal possession of controlled substance precursors may also be subject to up to five years of probation.

Montetary Fine. A person convicted of criminal possession of controlled substance precursors may also be penalized with a mandatory payment.

NY Penal Code § 220.60: Criminal Possession of Controlled Substance Precursors

To reiterate, a person is guilty of criminal possession of controlled substance precursors when they have the intent to unlawfully manufacture a controlled substance and simultaneously has obtained any of the following combinations of ingredients:

  1. Malonic acid or its derivatives and propanedioc and carbamide (urea); or
  2. Diethylamide or dimethylformamide or diethylamine and ergot or a derivative of ergot; or
  3. Methylamine or nitroethane or benzaldehyde or formamide or ammonia or hydroxylamine and phenylacetone (1-phenyl-2- propanone); or
  4. Methyliodide and pentazocine; or
  5. Dichlorodiethyl benzylamine or dichlorodiethyl methylamine and phenylacetonitrile; or
  6. Dimethylaminoisopropyl chloride and diephylacetonitrile; or
  7. Magnesium or lithium and bromobenzene and cyclohexanone and piperidine; or
  8. Nitroethane and a type of reducing agent and 2,5-dimethoxy benzaldehyde.
Lawyer to Defend Against the Charge of Criminal Possession of Controlled Substance Precursors

A guilty charge of criminal possession of controlled substance precursors could result in a sentence of up to four years of incarceration. If accused of this offense or any crime related to controlled substances, seek legal counsel immediately.

Barry C. Weiss P.C. law firm has effectively defended persons charged with criminal possession of controlled substance precursors. Moreover, the Elliot Adler PC law firm has expertly defended clients accused of misdemeanor and felony controlled substance crimes in the State of New York. The Elliot Adler PC law firm is a persistent force when representing individuals accused of drug crimes, including the sale or possession of controlled substances such as methamphetamine, LSD, OxyContin, Vicodin, crack, marijuana, cocaine, heroin, and PCP.

We can be reached at (212) 785-1300 or 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 use in the second degree of drug paraphernalia: § 220.50
  2. Criminal possession in the first degree of methamphetamine manufacturing material: § 220.71
  3. Criminal possession of methamphetamine precursors: § 220.72
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