Blog
NY Penal Law § 220.73: Unlawful manufacture of methamphetamine in the third degree
NY Penal Law § 220.73: Unlawful manufacture of methamphetamine in the third degree
It is a common practice for drug dealers and drug addicts alike to produce methamphetamine at home based “meth labs.” The ingredients and materials needed to produce meth are legal and readily available at grocery stores and big box stores. Nonetheless, it is against the law to manufacture methamphetamine, because on top of the fact that meth is a highly addictive illegal drug, producing meth in your home is extremely dangerous. Mishandling the combination of materials necessary to create meth can result in a toxic explosion. There are 3 offenses listed in the New York Penal Code that interdict the manufacture of methamphetamine . The least serious of these offenses is New York Penal Code § 220.73, unlawful manufacture of methamphetamine in the third degree. You would be in violation of this provision if you possess:
- Two or more articles of lab equipment, and also 2 or more meth precursors, chemical reagents or solvents,
- One article of equipment and 3 or more meth precursors, chemical reagents or solvents,
- A meth precursor mixed together with a reagent or solvent, or
- Two or more known meth chemical reagents mixed with a solvent
An Example
The police execute a search warrant, on the basis of suspicion that a meth lab was in operation inside the garage on a man’s property. The police discovered separate containers of acetone, pseudoephedrine, red phosphorus and sodium hydroxide during the search. They were not, however, able to find any equipment commonly used to make meth. The police opted to place the man under arrest anyway. The prosecutor declined to charge the man with a meth manufacturing crime due to the fact that none of the ingredients were mixed and no equipment was found.
Offenses that are Related
Criminal possession of methamphetamine manufacturing material in the first degree: New York Penal Law § 220.71
Criminal possession of methamphetamine manufacturing material in the third degree: New York Penal Code § 220.70
Criminal possession of precursors of methamphetamine: New York Penal Law § 220.72
Unlawful manufacture of methamphetamine in the first degree: New York Penal Code § 220.75
Unlawful manufacture of methamphetamine in the second degree: New York Penal Code § 220.74
Possible Defenses
Ine the event that you are charged with third degree unlawful manufacture of methamphetamine, you might be able to successfully challenge the method the police used to discover the materials. Pursuant to the law, in order to conduct a search, whether it is a search of your car, apartment or office, the police must demonstrate that they had probable cause to do so. If it is determined that the search was unlawful, anything which the search produced, including illicit drugs, would be inadmissible in court and your case would likely be dismissed.
The Sentence
Since unlawful manufacture of methamphetamine in the third degree is categorized as a class D felony, if you are convicted your possible sentence will be as many as 17 years in prison. Your actual sentence will depend on several factors, including whether you have a prior felony conviction or not. Your sentence might also have a 5 year probation term as well as a fine included.
On top of that, there are mandatory fees associated with being convicted of any crime in New York, and you will also have a permanent criminal record.