Unlawful Manufacture in the Third Degree of Methamphetamine: New York Penal Code § 220.73

Methamphetamine is a highly addictive stimulant that is also known as meth, crystal meth, ice, uppers, and speed. It is relatively easy to make because its ingredients are available for purchase from local grocery or drug stores. It is a not unusual for drug dealers and drug addicts to make their own methamphetamine in their own “meth labs.” The drug may be taken through inhaling, injecting or ingesting.

The manufacture of methamphetamine is a violation of the law. Not only is the drug highly addictive, but its manufacture may result in toxic explosions. In an attempt to deter the rampant manufacture of methamphetamine, NY Penal Code § 220.73 is one of three laws that make it illegal to produce the controlled substance with NY Penal Code § 220.73 being the least severe. According to the law, a person is guilty of this section of the Penal Code when they have:

1. Two more pieces of equipment and two or more precursors, solvents or chemical reagents; or
2. Two or more chemical reagents that are mixed with a solvent; or
3. A reagent or solvent mixed together with a precursor; or
4. One piece of equipment and three or more chemical reagents, solvents or precursors.

Suppose the police were called to a home because neighbors reported that they thought a man was making methamphetamine in his garage. The police obtained a search warrant and confronted the man who allowed them into his garage. The police found separate containers of red phosphorus, pseudoephedrine, acetone, and sodium hydroxide. What they did not find was any of the commonly used equipment to manufacture methamphetamine. The police arrested the man and brought him to the police station.

No intention to manufacture methamphetamine. To assert his innocence, the man must show the prosecuting attorney that he had no intention of manufacturing methamphetamine. In the case described above, the evidence lent itself to the man’s position because none of the ingredients were mixed and the usual equipment was nowhere to be found.

Lack of probable cause. In the State of New York, probable cause is a requirement for legally searching a person’s private property. Police must have reason to believe that a person committed a crime to contend probable cause. If the police officers did not have reason to believe that there was a violation of the law, then materials found from the search are not permissible in a court of law as evidence. In the scenario described above, the police gained access to the home with a search warrant.

Other lines of defense. Through thoughtful and deliberate evaluation of the evidence as well as the circumstances of the case, a seasoned and highly qualified defense attorney can build a strong defense that is designed to effectively protect the interests of the accused person against conviction.

To determine a suitable sentence for the crime, the court will consider the crime, the evidence, as well as whether the convicted has a prior felony.

Imprisonment. As a Class D felony, unlawful manufacture in the third degree of methamphetamine carries a sentence of up to seventeen years of imprisonment.

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

Monetary Fine. A convicted individual may also have a mandatory payment to the court.

To reiterate, a person is guilty of unlawful manufacture in the third degree of methamphetamine when that person has in their possession and at the same time and location while intending to use or having knowledge that another intends to use products to prepare, produce or manufacture methamphetamine unlawfully. In addition, one or more of the following conditions must be satisfied:

1. The person must possess a precursor that is:
   1. Mixed with a solvent or chemical reagent; or
   2. Mixed with two more more chemical solvents and/or chemical reagents; or
2. The person must possess one piece of equipment and three or more solvents, chemical reagents or precursors in any combination; or
3. The person must possess two or more pieces of laboratory equipment and two or more solvents, chemical reagents or precursors in any combination.

A conviction for unlawful manufacture in the third degree of methamphetamine has negative effects on a person’s life. A person convicted of this crime would face up to seventeen years behind bars, have a criminal record, possibly also serve five years on probation, as well as owe the courts a good amount of money. To ardently defend against the charge of unlawful manufacture of methamphetamine, you must immediately seek legal advice.

Barry C. Weiss P.C. law firm aggressively defends persons charged with unlawful manufacture in the third degree of methamphetamine. Further, Elliot Adler PC law firm has fought effectively on behalf of clients accused of felony as well as misdemeanor controlled substance crimes in the State of New York. The Elliot Adler PC law firm is highly respected for building strong defense cases on behalf of persons accused of drug crimes, including the manufacture, possession or sale of controlled substances such as methamphetamine, PCP, OxyContin, Vicodin, crack, cocaine, LSD, heroin, and marijuana.

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 in the first degree of methamphetamine manufacture materials: § 220.71
2. Criminal possession in the second degree of methamphetamine manufacturing material: § 220.70
3. Criminal possession of methamphetamine precursors: § 220.72
4. Unlawful manufacture in the second degree of methamphetamine: § 220.74
5. Unlawful manufacture in the first degree of methamphetamine: § 220.75