A New York Defense Lawyer Explains The Crime of Meth Manufacturing
The federal government takes the manufacture of methamphetamine very seriously. In 2005, the Combat Methamphetamine Epidemic Act of 2005 was passed to require identification for the purchase of cold medicines containing pseudoephedrine because this ingredient in cold medicine is also a key ingredient of meth. Attempting to evade these reporting requirements and/or purchasing large volumes of medicines containing this ingredient could actually trigger federal charges now.
Defendants could also be charged under state and federal laws for the manufacture of methamphetamine, or for the possession of chemicals and equipment necessary for such manufacturing. The penalties could involve decades of imprisonment if convicted so charges must be taken very seriously.
Bukh Law Firm, PLLC understands the high stakes when you are charged with meth manufacturing. Our New York drug defense lawyers can assist you in developing an effective defense strategy, fighting for an acquittal, or negotiating a favorable plea deal. Give us a call as soon as possible if you have been charged so we can begin reviewing the evidence against you and exploring options for fighting charges and penalties.
New York Laws on Meth Manufacture
New York’s penal code has several sections which criminalize the production or manufacture of methamphetamine.
- New York Penal Laws sections 70, 220.71 and 220.72 define the crimes of criminal possession of methamphetamine manufacturing material in either the first or second degree or of criminal possession of the precursors of methamphetamine. Under these code sections, a defendant can be guilty of a misdemeanor or of a Class E felony for having a chemical reagant or solvent unlawfully with the intent to use the item in the manufacture of meth. Repeat offenders face felony charges while first-time offenders are charged with a misdemeanor.
- New York Penal Law section 220.73 defines the crime of unlawful manufacture of meth in the third degree. This code section makes it a Class D felony to have certain combinations of lab equipment and precursors, chemical regents or solvents which are used in the manufacture of methamphetamine and with the intent to manufacture meth. The combinations of different chemicals, reagents, solvents, and other manufacturing equipment is what elevates the crime to a more serious felony.
- New York Penal Laws section 74 and 220.75 define the crime of unlawful manufacture of methamphetamine in the second or first degree. The crime is elevated to a Class C or Class B felony if the defendant has combinations of equipment used to manufacture meth and there are other aggravating factors such as a past conviction or a minor under age 16 who is present.
Defendants who are charged with manufacturing meth in New York could also be charged with possession if they have meth in their control as well as having equipment and ingredients used in the manufacture of methamphetamine products.
Federal Laws on Methamphetamine Manufacture
Like the state of New York, the federal government criminalizes the manufacture of methamphetamine. Meth is considered a Schedule II drug under federal law and those who are accused of manufacture can face lengthy mandatory minimum sentences.
The federal government groups manufacturing, dispensing, and possessing together as unlawful acts under 21 U.S. Code section 841. Penalties are based on the amount of methamphetamine that is under a defendant’s control. Having 50 grams or more of pure meth or 500 grams or more of a meth mixture can result in a minimum prison sentence of 10 years while larger volumes of methamphetamine or having past convictions when charged could result in more serious consequences including the potential for life imprisonment.
How a New York Meth Lab Defense Lawyer Can Help
If you have been charged with the manufacture of meth, you need to get legal help from an experienced NY criminal defense attorney. Bukh Law Firm, PLLC is here to help you fight against accusations that you are involved with the production of methamphetamine. Give us a call as soon as you have been charged to learn more about how we can help.
