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

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.

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

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.

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.

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.

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.