New York Drug Manufacturing

The New York Penal Code encompasses more than 40 offenses related to drug crimes, primarily focusing on the possession and distribution of controlled substances. However, it also specifically addresses the manufacturing of methamphetamine, a hazardous and unstable substance. Methamphetamine, colloquially known as "meth," "speed," "uppers," "crystal meth," and "ice," poses a significant risk to public safety. Its impact on the brain includes heightened heart rate and elevated blood pressure, potentially leading to severe brain damage with prolonged use and even convulsions, confusion, and fatality at high dosages. Methamphetamine can be administered orally, through inhalation, or injection.

Of concern is the prevalent practice of manufacturing methamphetamines in makeshift home labs, employing readily available materials. This manufacturing process is fraught with peril due to the use of hazardous chemical mixtures, posing risks to both those involved in its production and the volatile nature of the process. If you are facing a charge related to drug manufacturing, it is crucial to promptly seek the counsel of an experienced New York drug manufacturing lawyer. By doing so you can benefit from their in-depth knowledge of the intricacies of drug manufacturing laws and their ability to build a robust defense tailored to your specific case. Don't hesitate to take immediate action to safeguard your legal rights and navigate the complexities of the legal system successfully.

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.

1. Criminal Possession of Methamphetamine Manufacturing Material in the Second Degree: This offense involves the possession of a precursor, chemical reagent, or solvent with the intent to use it in methamphetamine production. It is categorized as a class A misdemeanor, carrying a potential sentence of up to one year in jail. (N.Y. Pen. Law § 220.70). Precursors encompass ephedrine, pseudoephedrine, salt, isomer, and salt of an isomer, while the chemical reagent or solvent should be applicable in methamphetamine's manufacturing, preparation, or production. (N.Y. Pen. Law § 220.00(16)).
2. Criminal Possession of Methamphetamine Manufacturing Material in the First Degree: Similar to the second-degree charge, this offense applies only when a prior conviction of criminal possession of methamphetamine manufacturing material in the second degree has occurred within the preceding five years. It is classified as a class E felony, with a potential sentence of up to four years in prison. (N.Y. Pen. Law § 220.71).
3. Criminal Possession of Precursors of Methamphetamine: This charge is applicable when one possesses methamphetamine precursors, along with a solvent or chemical reagent, with the intent to produce methamphetamine. It is a class E felony, with a potential sentence of up to four years in prison. (N.Y. Pen. Law § 220.72).
4. Unlawful Manufacture of Methamphetamine in the Third Degree: If you possess the requisite lab equipment and materials for methamphetamine production, including precursors, chemical reagents, and solvents, you face this charge. It is categorized as a class D felony, with a potential sentence of up to seven years in prison. (N.Y. Pen. Law § 220.73). Lab equipment encompasses items, components, or materials used in methamphetamine manufacturing.
5. Unlawful Manufacture of Methamphetamine in the Second Degree: This charge mirrors the third-degree offense, with the additional stipulation that the unlawful activity occurs in the presence of a child under the age of 16, provided you are at least five years older than the child. Alternatively, this charge applies if the third-degree manufacture of methamphetamine occurs within five years of a prior methamphetamine offense conviction. It is classified as a class C felony, carrying a potential penalty of up to 15 years in prison. (N.Y. Pen. Law § 220.74).
6. Unlawful Manufacture of Methamphetamine in the First Degree: You will face this charge if you commit the second-degree unlawful manufacture of methamphetamine after having been convicted of third-degree, second-degree, or first-degree unlawful manufacture of methamphetamine within the prior five years. It is a class B felony, with a potential sentence of up to 25 years in prison. (N.Y. Pen. Law § 220.75).
7. Unlawful Disposal of Methamphetamine Laboratory Material: Due to the potential hazards associated with materials used in methamphetamine production, it is unlawful to dispose of hazardous or dangerous methamphetamine laboratory material in a manner that poses health or environmental risks. This offense is categorized as a class E felony, with a potential sentence of up to four years in prison. (N.Y. Pen. Law § 220.76).

Drug manufacturing charges in New York carry significant legal implications. To navigate this complex legal landscape successfully, it is crucial to seek the counsel of an experienced New York drug manufacturing lawyer. Such legal professionals possess in-depth knowledge of the intricate details of drug manufacturing laws and can craft a robust defense strategy tailored to your specific case.

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

Given that nearly all methamphetamine manufacturing charges are categorized as felonies, a conviction related to methamphetamine production is likely to result in a prison sentence. Nevertheless, it's important to note that individuals with a clean prior criminal record may have the opportunity to receive a sentence of probation or a shorter prison term. Additionally, in cases where substance abuse is a contributing factor and you are facing drug felonies falling under class B, C, D, or E, you may be eligible to participate in the Drug Treatment Court program.

Enrolling in the Drug Treatment Court program can be a positive step toward addressing substance abuse issues and legal consequences simultaneously. Successfully completing the program often leads to a reduction in criminal charges. In certain situations, the court may even choose to dismiss the charges entirely. It's imperative to consult with a qualified legal professional to explore your options and make informed decisions regarding your specific circumstances.

Contact Stephen Bilkis & Associates

An arrest for a drug manufacturing crime is a serious matter, particularly when coupled with drug possession or sale charges. Therefore, it is imperative to seek immediate legal counsel from attorneys experienced in defending against drug-related offenses. The drug manufacturing attorneys serving New York at Stephen Bilkis & Associates have decades of experience in successfully representing clients in New York's criminal courts. Contact us at 800.696.9529 to arrange a free, no-obligation consultation to discuss your case. We extend our comprehensive legal services to those accused of drug crimes across various locations, including Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, and Westchester County.

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