Close

NY Penal Law § 220.73: Unlawful manufacture of methamphetamine in the third degree

It is common for drug dealers and drug addicts to make methamphetamine at home "meth labs." The ingredients and materials required to make meth are readily available at grocery stores and big box stores. However, it is against the law to manufacture methamphetamine not only because meth is a highly addictive illegal drug, but also because making meth is quite dangerous. Mishandling the combination of materials required to make meth can result in a toxic explosion. There are 3 offenses in the New York Penal Code making it illegal to make meth. The least serious offense is New York Penal Code § 220.73, unlawful manufacture of methamphetamine in the third degree. You would have violated this provision if you have:

  1. Two or more pieces of lab equipment as well as 2 or more precursors, chemical reagents or solvents,
  2. One piece of equipment and 3 or more precursors, chemical reagents or solvents,
  3. A precursor mixed together with a reagent or solvent, or
  4. Two or more chemical reagents mixed with a solvent
Example

The police execute a search warrant, based on suspicion that a meth lab was being operated out of a garage on a man's property. The police found separate containers of acetone, pseudoephedrine, red phosphorus and sodium hydroxide. However, they were not able to find any equipment commonly used make meth. The police decided to arrest the man anyway. However, the prosecutor declined to charge the man with a meth manufacturing crime because none of the ingredients were mixed and no equipment was found.

Related Offenses
  1. Criminal possession of methamphetamine manufacturing material in the third degree: New York Penal Code § 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 second degree: New York Penal Code § 220.74
  5. Unlawful manufacture of methamphetamine in the first degree: New York Penal Code § 220.75
Defenses

If you are charged with third degree unlawful manufacture of methamphetamine, you may be able to successfully challenge the method the police used to find the materials. In order to conduct a search, the police must have probable cause. If the search was unlawful anything which the search produced would be inadmissible in court and your case would likely be dismissed.

Sentence

Because unlawful manufacture of methamphetamine in the third degree is a class D felony, if you are convicted your possible sentence will be up to 17 years in prison. Your actual sentence will depend on a number of factors including whether or not you have a prior felony conviction. Your sentence may also include a 5 year probation term as well as a fine.

In addition, there are mandatory fees associated with being convicted of a crime in New York, and you will have a permanent criminal record.

New York Penal Code § 220.73: Unlawful manufacture of methamphetamine in the third degree.

A person is guilty of unlawful manufacture of methamphetamine in the third degree when he or she possesses at the same time and location, with intent to use, or knowing that another intends to use each such product to unlawfully manufacture, prepare or produce methamphetamine:

  1. Two or more items of laboratory equipment and two or more precursors, chemical reagents or solvents in any combination; or
  2. One item of laboratory equipment and three or more precursors, chemical reagents or solvents in any combination; or
  3. A precursor:
    1. mixed together with a chemical reagent or solvent; or
    2. with two or more chemical reagents and/or solvents mixed together.
Contact the Law Offices of Stephen Bilkis & Associates

If you have been arrested and charged with making methamphetamine you should immediately contact an experienced attorney. Drug cases are complicated. However, depending on the facts of your case there may be several defenses available to fight the charges. 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.


Client Reviews
★★★★★
My wife and I met under some unconventional circumstances. After I had some legal problems, Mr Bilkis and his firm continually got me out of trouble. I then had his firm represented my wife and he got her out of trouble! We are still married and got our ways straightened away. We both can't thank him enough for saving our lives and our families! J.P.
★★★★★
I contacted Stephen Bilkis' office for an issue regarding a family member and I could not be happier with the results. I have recommended the firm to friends and family, all of whom were also ecstatic with Mr. Bilkis and all members of his staff. P.R.
★★★★★
I was in need of legal assistance for a very sensitive matter for a family member. I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. The lawyer handling our case had many years of experience and treated us as if we were his own family. Our experience was so good, and we became so close to all of the staff and all of the attorneys who assisted us, that we consider them our extended family and continue to send them our home baked gifts for the holidays. P.A.K.
★★★★★
I hired Stephen Bilkis and Associates to represent me on a legal matter a few months ago and am grateful for their swift action and resolution on my behalf. I was impressed with their professionalism and would recommend them to friends and family in a heartbeat. M.B.
Contact Us