NY Penal Law § 220.70: Criminal possession of methamphetamine manufacturing material in the second degree

Methamphetamine ("meth") is a Schedule II(d) controlled substance that is highly addictive. Using easily attainable materials and ingredients, it can be made at home. However, it is illegal to manufacture meth, just as it is illegal to manufacture all controlled substances for unlawful purposes. Under New York Penal Code § 220.70, criminal possession of methamphetamine manufacturing material in the first degree, it is illegal to possess materials used to make methamphetamine including a precursor, a chemical reagent or a solvent with the intent to manufacture methamphetamine. If you are convicted of this crime once and do it a second time, you will be charged with criminal possession of methamphetamine manufacturing material in the first degree in violation of New York Penal Code § 220.71.

In response to a report of a domestic disturbance, the police arrive at a woman's home. The woman opened the door and appeared disheveled and "out of it." She allowed the officers to enter the home. The officers noticed several packets of cold medication, nail polish remover, drain cleaner, and batteries in plain sight on a table. The officers arrested the woman on suspicion of criminal possession of methamphetamine manufacturing material in the second degree. Because the materials are commonly used to manufacture meth, the prosecutor could charge the woman with possession of meth manufacturing material. However, because there are also innocuous reasons for having each of the items, the woman may have a credible defense to such a charge.

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 methamphetamine manufacturing in the second degree, you may be able to challenge the charge by arguing that the materials were not used to manufacture meth but for an innocuous reason. Another way to respond to the charge is to challenge the search that uncovered the material as unlawful. There are rules that the police must follow in order to search someone's home. 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 methamphetamine manufacturing material in the second degree is a class A misdemeanor if convicted you could be sentenced to up to 1 year in jail. Your sentence could also include a probation term of 3 years. In determining your sentence the judge will consider the crime committed, the details of the crime, your personal background, and your criminal history. If you are a first time offender your sentence will be less severe than if you have a criminal history.

A person is guilty of criminal possession of methamphetamine manufacturing material in the second degree when he or she possesses a precursor, a chemical reagent or a solvent with the intent to use or knowing another intends to use such precursor, chemical reagent, or solvent to unlawfully produce, prepare or manufacture methamphetamine.

Although criminal possession of a controlled substance is a misdemeanor, if you are convicted you could spend some time in jail, be required to pay a fine, and you will have a criminal record. However, there are many ways to challenge drug crime 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.