Criminal Possession in the Second Degree of Methamphetamine Manufacturing Material: New York Penal Code § 220.70

Methamphetamine (“meth”) is a highly addictive controlled substance that is easy to make because the ingredients and materials are readily available and are commonly found in most households. However, because it is a Schedule II(d) controlled substance, it is illegal to manufacture methamphetamine for unlawful purposes. NY Penal Code § 220.70 makes it illegal to possess materials used to make methamphetamine, including a solvent, a chemical reagent or a precursor that is intended to be used for the manufacture of methamphetamine. If a second conviction for criminal possession of ingredients and materials with the intent to make methamphetamine is received, then the individual is automatically a candidate to receive the more serious conviction of criminal possession in the first degree of methamphetamine manufacturing material which falls under New York Penal Code § 220.71.

Suppose the police were called to a home because a domestic violence incidence is reported. The woman who lived in the residence allowed the responding police to enter her home. She was unkempt and not alert or lucid. On the kitchen table, the officers saw nail polish remover, drain cleaner, batteries, and cold medication. It is known that when used together, these materials could be used to make methamphetamine. The police arrested the woman because they suspected that she was making methamphetamine. Because the materials are commonly used in the ordinary household for acceptable and lawful purposes, the prosecuting attorney must prove that the woman intended to use the materials for making methamphetamine in order to convict her.

No intention to manufacture methamphetamine. To assert her innocence, the woman must prove that she had no intention of using the materials found by the police for the manufacture of methamphetamine. She must prove that the materials were in her possession for acceptable and legal purposes.

Lack of probable cause. In the State of New York, probable cause is required before police may conduct a search of private property. Authorities must have reason to believe that a law was violated to invoke probable cause. If the police officers in the case described above did not have reason to believe that a law had been broken, then any suspicious materials found while responding to a call for help could not be used as evidence in the case.

Other lines of defense. With careful assessment of the facts and circumstances surrounding the case, a skilled and experienced defense attorney may uncover other viable approaches to challenge the charge and convince the court of the accused person’s innocence.

To determine the appropriate sentence for the crime, the judge will consider the details of the crime, as well as the history and personal background of the convicted individual. Generally speaking, a first time offender will receive a lesser sentence than a repeat offender.

Imprisonment. As a Class A misdemeanor, criminal possession in the second degree of methamphetamine manufacturing material carries a sentence of up to one year in prison.

Probation. A convicted individual may also be sentenced to three years of probation.

To reiterate, a person is guilty of criminal possession in the second degree of methamphetamine manufacturing material if:

1. The person has a solvent, chemical reagent or a precursor of methamphetamine; and
2. The person intends to use or has knowledge that another person intends to use the aforementioned materials for the unlawful production, preparation or manufacture of methamphetamine.

A guilty charge of criminal possession in the second degree of methamphetamine manufacturing material has life-altering affects. A person convicted of this crime would have a criminal record, be imprisoned for up to one year and possibly also serve three years on probation. If you are charged with this crime or any controlled substance crime, seeking legal advice is imperative.

Barry C. Weiss P.C. law firm has defended individuals charged with criminal possession in the second degree of methamphetamine manufacture materials. Further, the Elliot Adler PC law firm has successfully defended clients accused of misdemeanor as well as felony controlled substance crimes in New York state. The Elliot Adler PC law firm is highly competent at representing individuals accused of drug crimes, including the sale or possession of controlled substances such as methamphetamine, LSD, OxyContin, cocaine, heroin, Vicodin, crack, marijuana, and PCP.

We can be reached at (212) 785-1300 or newyorkcriminallawyer24-7.com to schedule a no-obligation, free legal consultative meeting to evaluate your case.

For additional information, refer to the following sections of the New York Penal Code:

1. Criminal possession of methamphetamine precursors: § 220.72
2. Criminal possession in the first degree of methamphetamine manufacturing material: § 220.71
3. Criminal use in the first degree of drug paraphernalia: § 220.55
4. Criminal use in the second degree of drug paraphernalia: § 220.50