New York Drug Manufacturing

The New York Penal Code includes over 40 offenses related to drug crimes. Most of them criminalize the possession and distribution of controlled substances and marijuana. There are also several that make it illegal to manufacture a specific type of drug,methamphetamine. Commonly referred to as meth, speed, uppers, crystal meth, and ice, methamphetamine is an extremely dangerous drug. It speeds up the brain, pumps up the heart and blood pressure. Long term use can lead to brain damage. High dosages of meth can lead to convulsions, confusion and death. It can be swallowed, inhaled or injected. Methamphetamine is often manufactured in home labs using materials easily purchased a local retail stores. However, the process of making methamphetamines is very dangerous. The chemical mixtures are both hazardous to the health of those exposed to them and are volatile. Because of the dangers posed by manufacturing methamphetamines law enforcement aggressively seeks to locate meth labs and arrest those who manufacture methamphetamines. Furthermore, if you are arrested on a drug manufacturing charge it is likely that you will also be charged with drug possession crimes as well as drug selling crimes. If you have been charged with drug manufacturing you should immediately contact an experienced New York drug crimes lawyer who understands the laws related to drug manufacturing, possession and selling and who will aggressively defend you against these charges. The attorneys at the Law Offices of Stephen Bilkis & Associates have decades of experience representing clients who have been charged with drug crimes and other serious crimes such as assault, domestic violence and sex crimes. Find out what we can do for you by contacting us to schedule a free, no obligation consultation regarding your case.

Manufacturing methamphetamine offenses

There are 7 criminal offenses related to manufacturing methamphetamines, 6 of which make it illegal to possess the substances and equipment that is required in order to make methamphetamines. The more of the required substances or equipment you have, the more serious the crime. In other words, the closer you are to have what you need to make methamphetamines, the more serious the crime.

  • Criminal possession of methamphetamine manufacturing material in the second degree. This charge involves having a precursor, chemical reagent or solvent with the intent to use it to make methamphetamine. It is a class A misdemeanor with a possible penalty of up to 1 year in jail. N.Y. Pen. Law § 220.70. For the purposes of methamphetamine manufacturing offenses, precursors include ephedrine, pseudoephedrine, salt, isomer, salt of an isomer of these substances. A chemical reagent or solvent must be those which can be used in the manufacture, preparation, or production of methamphetamine. N.Y. Pen. Law § 220.00(16).
  • Criminal possession of methamphetamine manufacturing material in the first degree. This charge is the same as the second degree charge. However, you will face this charge only if you have already been convicted of criminal possession of methamphetamine manufacturing material in the second degree in the prior 5 years and then commit the offense again. It is a class E felony with a possible sentence of up to 4 years in prison. N.Y. Pen. Law § 220.71
  • Criminal possession of precursors of methamphetamine. You will face this charge if you possess precursors of methamphetamine as well as a solvent or chemical reagent with the intent to use them to make methamphetamine. It is a class E felony with a possible sentence of up to 4 years in prison. N.Y. Pen. Law § 220.72
  • Unlawful manufacture of methamphetamine in the third degree . You will face this charge if you have both the necessary lab equipment and the substances necessary to make methamphetamine such as precursors, chemical reagents and solvents. It is a class D felony with a possible sentence of up to 7 years in prison. N.Y. Pen. Law § 220.73. Lab equipment refers to any items, components, or materials that can be used to manufacture methamphetamine.
  • Unlawful manufacture of methamphetamine in the second degree. This charge is the same as the third degree charge, except that the unlawful activity is done in the presence of a child who is under the age of 16 and you are at least 5 years older than the child, or you commit third degree manufacture of methamphetamine within 5 years of having been convicted of another methamphetamine offense. It is a class C felony with a possible penalty of up to 15 years in prison. N.Y. Pen. Law § 220.74
  • Unlawful manufacture of methamphetamine in the first degree. You will face this charge if you commit unlawful manufacture of methamphetamine in the second degree after having been convicted of unlawful manufacture of methamphetamine in the third degree, unlawful manufacture of methamphetamine in the second degree, or unlawful manufacture of methamphetamine in the first degree within the prior 5 years. It is a class B felony with a possible sentence of up to 25 years in prison. N.Y. Pen. Law § 220.75
  • Unlawful disposal of methamphetamine laboratory material. Because the materials involved in making methamphetamine can be so dangerous, it is unlawful to dispose of hazardous or dangerous methamphetamine laboratory material in a way that creates a health risk or a risk to the environment. It is a class E felony with a possible sentence of up to 4 years in prison. N.Y. Pen. Law § 220.76
Possession of a controlled substance offenses

If you are charged with having methamphetamine manufacturing materials, there is a good chance that you will also be charged with drug possession.

  • Criminal possession of a controlled substance in the seventh degree is the minimum criminal possession of a controlled substance charge you could face. It is a class A misdemeanor. If you are convicted, your sentence would be up to a year in jail. N.Y. Pen. Law § 220.03
  • Criminal possession of a controlled substance in the fourth degree is the charge you will face if you have at least .5 of methamphetamine preparations. It is a class C felony with a possible sentence of up to 15 years in prison. N.Y. Pen. Law § 220.09
  • Criminal possession of a controlled substance in the third degree it is the charge you will face if you have at least 1/8 ounce of methamphetamine preparations. It is a class B felony with a possible sentence of up to 25 years in prison. N.Y. Pen. Law § 220.16
  • Criminal possession of a controlled substance in the second degree . To face this charge you must possess at least 2 ounces of methamphetamine preparations. It is a class A-II felony with a possible penalty of up to life in prison. N.Y. Pen. Law § 220.18
Sale of a controlled substance offenses

Similarly, if you are charged with making meth, you will more than likely be charged with selling it.

  • Criminal sale of a controlled substance in the fifth degree. This is the least serious sale of a controlled substance charge and involves selling a narcotic, hallucinogenic or other controlled substance. It is a class D felony with a possible penalty of up to 7 years in prison. N.Y. Pen. Law § 220.31.
  • Criminal sale of a controlled substance in the fourth degree. You will face this crime if you sell methamphetamines at or near a school, school bus, day care, or educational facility, you will also be charged with this crime. It is a class C felony with a possible sentence of up to 15 years in prison. N.Y. Pen. Law § 220.34.
  • Criminal sale of a controlled substance in the third degree. You will face this charge if you sell at least 1/8 ounce of a methamphetamine preparation. It is a class B felony with a possible sentence of up to 25 years in prison. N.Y. Pen. Law § 220.39
  • Criminal sale of a controlled substance in the second degree is one of the most serious drugs offenses. It involves selling at least .5 ounce of a methamphetamine preparation. It is a class A-II felony with a possible sentence of up to life in prison. N.Y. Pen. Law § 220.41
  • Operating as a major trafficker. This is another offense that could send you to prison for the rest of your life. Law enforcement will consider not how much of a drug you possess at a particular moment, but the amount of money you made from being involved as a manager, director, or profiteer in selling or possessing methamphetamine over a period of 6-12 months. If that amounts is at least $75,000 you will face this charge. It is a class A-1 felony with a possible sentence of life in prison. N.Y. Pen. Law § 220.77
Penalties for drug crime convictions

Since all but one methamphetamine manufacturing charge is a felony, a conviction for a crime related to manufacturing methamphetamine will likely send you to prison. However, it is possible that if you do not have a prior criminal history it is possible that your sentence will be probation or a short prison term. Also, if you have a substance abuse problem and you are charged with a class B, C, D or E drug felony, you may be given the option of going to Drug Treatment Court. If you successfully complete the Drug Treatment Court program, the court is likely to reduce the criminal charges against you. In some instances the court may decide to altogether dismiss the charges.

Contact the Law Offices of Stephen Bilkis & Associates

An arrest for a drug manufacturing crime is very serious, especially since you are also likely to face drug possession or drug selling charges as well. Therefore, if you have been charged with drug manufacturing or any other drug crime you should immediately contact an attorney experienced with defending those accused of offenses related to drugs. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been accused of drug manufacturing, drug possession, drug distribution and other drug offenses. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We serve those accused of drug crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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