NY Penal Law § 220.76: 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. Under New York Penal Code § 220.76 it is against the law to

1. Dispose of methamphetamine laboratory material
2. Knowing that the materials are related to a methamphetamine operation
3. In a manner that causes risk to the health or safety of humans or causes a substantial danger to the environment

The police spotted a garbage bin on the curb in front of a house that contained empty or partially empty containers of various chemicals. The bin emitted a strong order. The officers were immediately suspicious that the trash contained waste from meth making activities. The officers asked the occupants of the house about the trash. They claimed to be unaware of what was in their bins. Suspicious about what was going on in the house, the officers entered the home and discovered a meth lab. Ultimately the officers arrested both owners of the house on suspicion of unlawful disposal of methamphetamine laboratory material as well as unlawful manufacture of methamphetamine.

1. Criminal possession of methamphetamine manufacturing material in the second degree: New York Penal Law § 220.70
2. Criminal possession of methamphetamine manufacturing material in the first degree: New York Penal Law § 220.71
3. Criminal possession of precursors of methamphetamine: New York Penal Law § 220.72
4. Unlawful manufacture of methamphetamine in the third degree: New York Penal Code § 220.73
5. Unlawful manufacture of methamphetamine in the second degree: New York Penal Code § 220.74
6. Unlawful manufacture of methamphetamine in the first degree: New York Penal Code § 220.75

Depending on where the materials were found, the prosecutor has to connect the discarded material to you. If they cannot, then the prosecutor will have a problem convicting you.

Because unlawful disposal of methamphetamine laboratory material is a class E felony, if you are convicted the maximum possible prison sentence that you will receive is 4 years. Your sentence could also include a fine as well as a probation term of 5 years. In determining your sentence the judge will consider the crime committed, the details surrounding the crime, your personal background and your prior criminal record.

A person is guilty of unlawful disposal of methamphetamine laboratory material when, knowing that such actions are in furtherance of a methamphetamine operation, he or she knowingly disposes of, or possesses with intent to dispose of, hazardous or dangerous material under circumstances that create a substantial risk to human health or safety or a substantial danger to the environment.

If you have been arrested and charged with a drug crime in New York you should immediately contact an experienced attorney. Depending on the facts of your case there may be several defenses available to fight the charges. In addition, if you are dealing with a substance abuse problem you may be able to take advantage of the Drug Treatment Court program. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients who have been accused of drug possession, crack possession, cocaine possession, marijuana possession, drug selling, and other drug crimes. Contact us at 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