Unlawfully Disposing Methamphetamines Laboratory Material: New York Penal Code § 220.76

Because the ingredients that makeup methamphetamine can be very dangerous in several respects, it is against the law to dispose of the material in a manner that poses a risk to health or the environment. NY Penal Code § 220.76 was enacted to prevent careless disposal of methamphetamine materials. A violation of the code exists when a person:

1. Disposes laboratory material for methamphetamine; or
2. Has knowledge that materials are related to a methamphetamine operation; or
3. Discards laboratory material for methamphetamine in a way that causes a risk to the health or safety of people or causes a significant danger to the environment.

Suppose the police was made aware of a garbage bin that emitted a foul odor. Police officers went to the home with the suspicious garbage bin in front. They asked the owners of the home what they had tossed into the bin, and the homeowners said that they were not aware of anything unusual in their garbage bin, and that it was simply everyday trash. While questioning the homeowner, the police became suspicious and entered the home to find lab apparatuses, bottles and packages on the kitchen table. The homeowner had a fully functioning methamphetamine lab in his home. The homeowner was arrested on charges of manufacturing methamphetamine and unlawful disposal of methamphetamine materials.

Inability to connect the unlawful disposal to the defendant. To make a viable case to charge the defendant with unlawfully disposing methamphetamine laboratory material, the prosecuting attorney must connect the discarded methamphetamine material to the defendant. As the garbage can was on a public street, it may be possible for someone else to have disposed the methamphetamine materials in the garbage can.

Lack of probable cause. In New York state, a legal search must be predicated on the presence of probable cause. Police must have reason to believe that a crime had been committed to invoke probable cause. If it can be argued that the police officers did not have reason to believe that a law had been broken and that probable cause was not present, then any materials found during the search may not be permissible as evidence in a court of law.

Other lines of defense. Seasoned defense attorneys who have been tested with a variety of drug-related cases have a better likelihood of developing insights that could prove formidable when building a case in favor of the defendant client. A veteran defense attorney may tap other strategies of defense that are not known by less experienced defence attorneys.

To determine the appropriate sentence, the presiding judge will weigh the convicted person’s background as well as the crime committed and the presence of prior felonies.

Imprisonment. As a Class E felony, unlawfully disposing methamphetamine laboratory material carries a maximum possible sentence of four years.

Probation. Unlawfully disposing methamphetamine laboratory material may also warrant a probationary period of five years, if the presiding judge exercises this option.

Monetary Fine. A convicted individual may also have a debt of a monetary fine to pay the court, depending on the judge’s discretion.

To summarize, a person is guilty of unlawfully disposing methamphetamine laboratory material when that person:

1. Has knowledge that such disposal is to further a methamphetamine operation; or
2. Has knowledge that that disposal, or possession with the intent to unlawfully dispose, of methamphetamine material will be done in a manner that creates a substantial risk to the health or safety of humans or the environment.

A conviction for unlawfully disposing of methamphetamine laboratory material has severe consequences, affecting many aspects of a person’s life. A person convicted of this crime would face up to four years in prison, possess a criminal record, as well possibly becoming indebted to the courts with a large fine. To effectively defend yourself against the charge of unlawfully disposing of methamphetamine laboratory material, seek advice from a reputable and experienced defense attorney.

Barry C. Weiss P.C. law firm has successfully defended individuals charged with unlawfully disposing methamphetamine laboratory materials. Moreover, Elliot Adler PC law firm fights earnestly on behalf of clients accused of any of the drug crimes in the State of New York. The Elliot Adler PC law firm is known for structuring effective defense cases on behalf of clients accused of drug crimes, including the manufacture, possession or sale of controlled substances such as methamphetamine, crack, cocaine, PCP, OxyContin, Vicodin, 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 second degree of methamphetamine manufacturing material: § 220.70
2. Criminal possession in the first degree of methamphetamine manufacturing material: § 220.71
3. Criminal possession of methamphetamine precursors: § 220.72
4. Unlawful manufacture in the third degree of methamphetamine: § 220.73
5. Unlawful manufacture in the second degree of methamphetamine: § 220.74