NY Penal Law § 220.60: Criminal possession of precursors of controlled substances

It is against the law in New York to unlawfully manufacture controlled substances. In an effort to curtail such activities, it is also against the law to possess the precursors or ingredients necessary to manufacturer certain controlled substances. Under New York Penal Code § 220.60 it is illegal to possess ingredients to make controlled substances such as methylamine and phenylacetone which are used to make methamphetamine. However, it is not against the law to simply possess the ingredients listed in the statute. In order to violate the criminal possession of precursors of controlled substances statute you must possess such items with the intent to manufacture a controlled substance.

Based on a tip the police executed a search warrant on a home that supposedly had drugs. Upon searching the home the police officers did not find any controlled substances. However, they did find a substantial amount of ingredients that when combined can make certain controlled substances. The person living in the home could be prosecuted under the criminal possession of precursors of controlled substances based on the ingredients found in the home.

1. Criminally using drug paraphernalia in the second degree: New York Penal Code § 220.50
2. Criminally using drug paraphernalia in the first degree: New York Penal Code § 220.55
3. Criminal possession of methamphetamine manufacturing material in the first degree: New York Penal Law § 220.71
4. Criminal possession of precursors of methamphetamine: New York Penal Law § 220.72

If you are charged with criminal possession of precursors of controlled substances, you may be able to successfully argue that there is a innocuous reason for having such ingredients. Another way to respond to the charge is to argue that the search that uncovered the ingredients was unlawful. There are rules that the police must follow in order to search someone's home, car, office, or other location. If the police do not follow such rules a court may find that the search was unlawful. If that happens the prosecutor may have no choice but to dismiss the case against you.

Because criminal possession of precursors of controlled substances 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 criminal possession of precursors of controlled substances when, with intent to manufacture a controlled substance unlawfully, he possesses at the same time:

1. carbamide (urea) and propanedioc and malonic acid or it derivatives; or
2. ergot or an ergot derivative and diethylamine or dimethylformamide or diethylamide; or
3. phenylacetone (1-phenyl-2 propanone) and hydroxylamine or ammonia or formamide or benzaldehyde or nitroethane or methylamine.
4. pentazocine and methyliodide; or
5. phenylacetonitrile and dichlorodiethyl methylamine or dichlorodiethyl benzylamine; or
6. diephenylacetonitrile and dimethylaminoisopropyl chloride; or
7. piperidine and cyclohexanone and bromobenzene and lithium or magnesium; or
8. 2, 5-dimethoxy benzaldehyde and nitroethane and a reducing agent

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. 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.