In the Penal Law, New York Drug Manufacturing charges, including the possession of precursors of Controlled Substances can be found in Article 220. Additionally, Drug Possession Charges and Drug Distribution Charges are also located in that specific Penal Law Section.

Under federal law, narcotics charges are codified in Title 18 and Title 21 of the United States Code.

Criminal Possession of Precursors of Controlled Substance (PL 220.60)

Under New York Penal Law Section 220.60, a person is guilty of Criminal Possession of Precursors of Controlled Substances when:

  1. With intent to manufacture a controlled substance unlawfully,
  2. Possession at the same time of:
  • Carbamide (urea) and propanedioc and malonic acid or its derivatives; OR
  • Ergot or an ergot derivative and diethylamine or dimethylformamide or diethylamide; OR
  • Phenylacetone (1-phenyl-2 propanone) and hydroxylamine or ammonia or formamide or benzaldehyde or nitroethane or methylamine; OR
  • Pentazocine and methyliodide; OR
  • Phenylacetonitrile and dichlorodiethyl methylamine or dichlorodiethyl benzylamine; OR
  • Diephenylacetonitrile and dimethylaminoisopropyl chloride; OR
  • Piperidine and cyclohexanone and bromobenzene and lithium or magnesium; OR
  • 2, 5-dimethoxy benzaldehyde and nitroethane and a reducing agent.

What do these substances make?

These substances can be used mostly manufacture methamphetamine. However amphetamine, LSD and demerol are also possible substances produced with these combinations.

Penalties for Criminal Possession of Precursors of Controlled Substances

Under New York Drug manufacturing laws, Criminal Possession of Precursors of Controlled Substances is a Class E felony. As with other New York felonies, the sentencing range depends on the individual’s prior criminal history.

No Prior Felonies and Criminal Possession of Precursors of Controlled Substances

For an individual with no prior felony convictions, New York Criminal Possession of Precursors of Controlled Substances is punishable by 1 to 1.5 years in prison, followed by 1 year of post release supervision. Additionally,

  • Probation is permitted;
  • If there are mitigating circumstances, an Alternative Definite Sentence of 1 year is permitted;
  • Youthful Offender (“YO”) Adjudication is permitted;
  • A Parole Supervision sentence is not permitted;
  • SHOCK is permitted;
  • Judicial Diversion into drug treatment court is permitted.

Prior Non-Violent Felony and Criminal Possession of Precursors of Controlled Substances

If an individual has a prior conviction for a non-violent felony, then New York Criminal Possession of Precursors of Controlled Substances is punishable by 1.5 to 2 years in prison, followed by 1 to 2 years of post release supervision. Additionally,

  • Probation is permitted;
  • If there are mitigating circumstances, an Alternative Definite Sentence of 1 year is permitted;
  • Youthful Offender (“YO”) Adjudication is not permitted;
  • A Parole Supervision sentence is not permitted;
  • SHOCK is permitted;
  • Judicial Diversion of the case into Drug Treatment Court is permitted.

Prior Violent Felony and Criminal Possession of Precursors of Controlled Substances

If an individual has a prior conviction for a violent felony, then Criminal Possession of Precursors of Controlled Substances is punishable by 2 to 2.5 years in prison, followed by 1 to 2 years post release supervision. Furthermore,

  • Probation is not permitted;
  • An Alternative Definite Sentence is not permitted even if there are mitigating circumstances;
  • Youthful Offender (“YO”) Adjudication is not permitted;
  • A Parole Supervision sentence is not permitted;
  • SHOCK is permitted;
  • Judicial Diversion of the case into a Drug Treatment Program is not permitted.
New York Drug Manufacturing
New York Drug Manufacturing

New York Drug Manufacturing: Meth

Criminal Possession of Methamphetamine Manufacturing Material in the Second Degree (PL 220.70)

Under New York Penal Law Section 220.70, a person is guilty of the the New York Drug Manufacturing Crime of Criminal Possession of Methamphetamine Manufacturing Material in the Second Degree, when he:

  • Possesses a precursor, a chemical reagent or solvent;
  • With intent to use or knowledge that another intends to use same;
  • To unlawfully produce, prepare, or manufacture methamphetamine.

How is Unlawful Intent Established?

Many of the substances used in making methamphetamine also have many common household uses. Such as lighter fluid, nail polish remover, gasoline, and paint thinner to name a few. What is the difference between innocuous possession and possession with intent to manufacture Methamphetamine?

The totality of circumstances is to be taken into account. For example:

  • Are there mixing beakers or baking trays that can be used to make meth?
  • Are there packaging materials, both large bags and small bags for individual doses?
  • Is there the unpleasant odor associated with meth manufacturing?
  • Are the ingredients already pre-mixed?
  • Is there a statement from anyone about what the items are to be used for?

Penalties for Criminal Possession of Methamphetamine Manufacturing Material in the Second Degree (PL 220.70)

Criminal Possession of Methamphetamine Manufacturing Material in the Second Degree is a Class “A” misdemeanor. Therefore, it can be punishable by up to one year in jail.

Criminal Possession of Methamphetamine Manufacturing Material in the First Degree (PL 220.71)

Under New York Penal Law 220.71, the New York Drug Manufacturing Crime of Criminal Possession of Methamphetamine Material in the First Degree, provides that a person is guilty when he:

  • Commits the crime of Criminal Possession of Methamphetamine Material in the Second Degree, AND
  • Has been convicted within the preceding five years of Criminal Possession of Methamphetamine Manufacturing Material in either the First or Second Degree.

Penalties for Criminal Possession of Methamphetamine Manufacturing Material in the First Degree (PL 220.71)

Criminal Possession of Methamphetamine Manufacturing material in the first degree is a Class E felony. As with other New York felonies, the sentencing range for this New York Drug Manufacturing charge depends on the individual’s prior criminal record.

No Prior Felonies and Criminal Possession of Methamphetamine Manufacturing Material in the First Degree

For an individual with no prior felony convictions, Criminal Possession of Methamphetamine Manufacturing Material in the First Degree is punishable by 1 to 1.5 years in prison, followed by 1 year of post release supervision. Additionally,

  • Probation is permitted;
  • If there are mitigating circumstances, an Alternative Definite Sentence of 1 year is permitted;
  • Youthful Offender (“YO”) Adjudication is permitted;
  • A Parole Supervision sentence is not permitted;
  • SHOCK is permitted;
  • Judicial Diversion into drug treatment court is permitted.
Prior Non-Violent Felony and Criminal Possession of Methamphetamine Manufacturing Material in the First Degree

If an individual has a prior conviction for a non-violent felony, then Criminal Possession of Methamphetamine Manufacturing Material in the First Degree in the Third Degree is punishable by 1.5 to 2 years in prison, followed by 1 to 2 years of post release supervision. Additionally,

  • Probation is permitted;
  • If there are mitigating circumstances, an Alternative Definite Sentence of 1 year is permitted;
  • Youthful Offender (“YO”) Adjudication is not permitted;
  • A Parole Supervision sentence is not permitted;
  • SHOCK is permitted;
  • Judicial Diversion of the case into Drug Treatment Court is permitted.
Prior Violent Felony and Criminal Possession of Methamphetamine Manufacturing Material in the First Degree

If an individual has a prior conviction for a violent felony, then Criminal Possession of Methamphetamine Manufacturing Material in the First Degree is punishable by 2 to 2.5 years in prison, followed by 1 to 2 years post release supervision. Furthermore,

  • Probation is not permitted;
  • An Alternative Definite Sentence is not permitted even if there are mitigating circumstances;
  • Youthful Offender (“YO”) Adjudication is not permitted;
  • A Parole Supervision sentence is not permitted;
  • SHOCK is permitted;
  • Judicial Diversion of the case into a Drug Treatment Program is not permitted.

Criminal Possession of Precursors of Methamphetamine (PL 220.72)

A person is guilty of this New York Drug Manufacturing Charge when, he or she:

  • Possesses at the same time a precursor and a solvent or a chemical reagent;
  • With intent to use or knowing that another intends to use same,
  • To unlawfully manufacture methamphetamine.

Penalties for Criminal Possession of Precursors of Methamphetamine

Criminal Possession of Precursors of Methamphetamine is a class E felony. As such, the sentencing range depends on the individual’s prior criminal history.

No Prior Felonies and Criminal Possession of Precursors of Methamphetamine

For an individual with no prior felony convictions, New York Criminal Possession of Precursors of Methamphetamine is punishable by 1 to 1.5 years in prison, followed by 1 year of post release supervision. Additionally,

  • Probation is permitted;
  • If there are mitigating circumstances, an Alternative Definite Sentence of 1 year is permitted;
  • Youthful Offender (“YO”) Adjudication is permitted;
  • A Parole Supervision sentence is not permitted;
  • SHOCK is permitted;
  • Judicial Diversion into drug treatment court is permitted.
Prior Non-Violent Felony and Criminal Possession of Precursors of Methamphetamine

If an individual has a prior conviction for a non-violent felony, then Criminal Possession of Precursors of Methamphetamine is punishable by 1.5 to 2 years in prison, followed by 1 to 2 years of post release supervision. Additionally,

  • Probation is permitted;
  • If there are mitigating circumstances, an Alternative Definite Sentence of 1 year is permitted;
  • Youthful Offender (“YO”) Adjudication is not permitted;
  • A Parole Supervision sentence is not permitted;
  • SHOCK is permitted;
  • Judicial Diversion of the case into Drug Treatment Court is permitted.
Prior Violent Felony and Criminal Possession of Precursors of Methamphetamine

If an individual has a prior conviction for a violent felony, then Criminal Possession of Precursors of Methamphetamine is punishable by 2 to 2.5 years in prison, followed by 1 to 2 years post release supervision. Furthermore,

  • Probation is not permitted;
  • An Alternative Definite Sentence is not permitted even if there are mitigating circumstances;
  • Youthful Offender (“YO”) Adjudication is not permitted;
  • A Parole Supervision sentence is not permitted;
  • SHOCK is permitted;
  • Judicial Diversion of the case into a Drug Treatment Program is not permitted.

Unlawful Manufacture of Methamphetamine in the Third Degree (PL 220.73)

Under New York Penal Law Section 220.73, Unlawful Manufacture of Methamphetamine in the Third Degree states that a person is guilty of this New York Drug Manufacturing Crime when he or she:

  • Possesses at the same time and location;
  • With intent to use to knowing that another person intends to use;
  • Product to unlawfully manufacture, prepare or produce methamphetamine either: (1) Two or more items of laboratory equipment and two or more precursors, chemical reagents or solvents in any combination; OR (2) One item of laboratory equipment and three or more precursors, chemical reagents or solvents in any combination; OR (3) A precursor: (a) mixed together with a chemical reagent or solvent; OR (b) with two or more chemical reagents and/or solvents mixed together.

Penalties for Unlawful Manufacture of Methamphetamine in the Third Degree

Unlawful Manufacture of Methamphetamine in the Third Degree is a Class D felony. The sentencing range depends on the individual’s prior criminal history.

No Prior Felony Convictions and Unlawful Manufacture of Methamphetamine in the Third Degree

If this charge is the first felony offense, then it is punishable by:

  • A determinate term of 1 to 2.5 years incarceration,
  • One year of post release supervision,
  • Instead of jail time, 5 years probation may be imposed,
  • A jail term of up to 1 year if there are mitigating circumstances.
  • Individuals convicted of Criminal Possession of a Controlled Substance in the Fifth Degree may be eligible to receive Youthful Offender (“YO”) status. Additionally, they may also eligible to participate in SHOCK.
Prior Non-Violent Felony Conviction and Unlawful Manufacture of Methamphetamine in the Third Degree

If the individual is charged with Unlawful Manufacture of Methamphetamine in the Third Degree and is a non-violent predicate, then:

  • A determinate term of 1.5 to 4 years incarceration,
  • One or two years of post release supervision,
  • Instead of jail time, 5 years probation may be imposed,
  • A jail term of up to 1 year if there are mitigating circumstances.
  • Individuals convicted of CPCS 5 with a prior non-violent felony conviction may be eligible to receive Youthful Offender (“YO”) status. Additionally, they may also eligible to participate in SHOCK.
Prior Violent Felony Conviction and Unlawful Manufacture of Methamphetamine in the Third Degree

If the individual has a prior violent felony conviction (as the term is defined in Criminal Procedure Law Section 70.02), then Unlawful Manufacture of Methamphetamine in the Third Degree is punishable by:

  • A determinate term of 2.5 to 4.5 years incarceration,
  • One or two years of post release supervision,
  • Probation is not available as a sentencing option,
  • Similarly, there is no alternative jail sentence in the event there are mitigating circumstances.

Individuals convicted of Unlawful Manufacture of Methamphetamine in the Third Degree with a prior violent felony conviction are not eligible to receive Youthful Offender (“YO”). However, they qualify for SHOCK.

Unlawful Manufacture of Methamphetamine in the Second Degree (PL 220.74)

Under New York Penal Law Section 220.74, a person is guilty of Unlawful Manufacture of Methamphetamine in the Second Degree, when he or she:

  1. Commits the offense of Unlawful Manufacture of Methamphetamine in the Second Degree, AND
  2. Does it in the presence of another person under the age of 16, OR
  3. Has previously been convicted in the past 5 years of Criminal Possession or Precursors of Methamphetamine (PL 220.72), OR Criminal Possession of Methamphetamine Manufacturing Material in the First Degree (PL 220.71), OR Unlawful Disposal of Methamphetamine Laboratory Material (PL 220.76), Unlawful Manufacture of Methamphetamine in the Third (PL 220.73), Second (PL 220.74), or First (PL 220.75) Degree.

Penalties for Unlawful Manufacture of Methamphetamine in the Second Degree

Unlawful Manufacture of Methamphetamine in the Second Degree is a class C felony.

No Prior Convictions and Unlawful Manufacture of Methamphetamine in the Second Degree

If this charge is the first felony offense, then it is punishable by:

  • A determinate prison term of 1 to 5.5 years incarceration;
  • One or two years of post-release supervision;
  • Instead of jail time, 5 years probation may be imposed.

Individuals convicted of Unlawful Manufacture of Methamphetamine without any prior felony convictions may be eligible to receive Youthful Offender (“YO”) status. Additionally, they may also eligible to participate in SHOCK.

Prior Non-Violent Felony Conviction and Unlawful Manufacture of Methamphetamine in the Second Degree

If an individual has a prior non-violent felony conviction, Unlawful Manufacture of Methamphetamine is punishable by:

  • A determinate term of 2 to 8 years;
  • Post Release Supervision of 1.5 to 3 years;
  • There is no alternative jail sentence in the event there are mitigating circumstances.

Unfortunately, individuals convicted of CUnlawful Manufacture of Methamphetamine in New York are not eligible for a Youthful Offender (“YO”) adjudication. However, they are eligible for SHOCK.

Prior Violent Felony Conviction and Unlawful Manufacture of Methamphetamine in the Second Degree

When an individual has a prior conviction for a Violent Felony, New York Unlawful Manufacture of Methamphetamine is punishable by:

  • A Determinate sentence of 3.5 – 9 years in jail;
  • Post Release Supervision of 1.5 – 3 years;
  • Probation is not an option;
  • There is no alternative for a shorter sentence if there are mitigating circumstances.

There is no Youthful Offender (“YO”) Adjudication or SHOCK eligibility on a Criminal Possession of a Controlled Substance in the Fourth Degree with a prior violent felony conviction.

Unlawful Manufacture of Methamphetamine in the First Degree (PL 220.75)

Under New York Penal Law Section 220.75, a person is guilty of Unlawful Manufacture of Methamphetamine in the First Degree when he or she:

  • Commits the New York drug manufacturing crime of Unlawful Manufacture of Methamphetamine in the Second Degree AND
  • Within the preceding five years, the person has a conviction for Unlawful Manufacture of Methamphetamine in the Third (PL 220.73), Second (PL 220.74) or First (PL 220.75) Degree.

Penalties for Unlawful Manufacture of Methamphetamine in the First Degree

Unlawful Manufacture of Methamphetamine in the first degree is a class B felony.

No Prior Felony Convictions and Unlawful Manufacture of Methamphetamine in the First Degree

For individuals without any prior felony convictions, Unlawful Manufacture of Methamphetamine is punishable by 1 to 9 years in prison followed by 1 to 2 years Post Release Supervision.

  • Probation is permitted;
  • If there are mitigating circumstances, an Alternative Definite Sentence of 1 year or less is permitted;
  • Youthful Offender (“YO”) Adjudication is permitted;
  • A parole Supervision sentence is permitted;
  • SHOCK is permitted;
  • Judicial Diversion is permitted.
Prior Non-Violent Felony Conviction and Unlawful Manufacture of Methamphetamine in the First Degree

Unlawful Manufacture of Methamphetamine and a prior non-violent felony conviction is punishable by 2 to 12 years in prison followed by 1.5 to 3 years post release supervision.

  • Probation is permitted;
  • Even if there are mitigating circumstances, an Alternative Definite Sentence is not permitted;
  • Youthful Offender (“YO”) Adjudication is permitted;
  • A Parole Supervision sentence is permitted
  • SHOCK is permitted;
  • Judicial Diversion is permitted.
Prior Violent Felony Conviction and Unlawful Manufacture of Methamphetamine in the First Degree

For individuals with prior violent felony convictions, Unlawful Manufacture of Methamphetamine is punishable by 6 to 15 years in prison followed by 1.5 to 3 years post release supervision.

  • Probation is not permitted;
  • Even if there are mitigating circumstances, an Alternative Definite Sentence is not permitted;
  • Youthful Offender (“YO”) Adjudication is permitted;
  • Parole Supervision sentence is permitted;
  • SHOCK is not permitted;
  • Diversion of the case to Drug Treatment Court is not permitted.

Unlawful disposal of methamphetamine laboratory material (PL 220.76)

Under New York Penal Law 220.76, a person is guilty of Unlawful Disposal of Methamphetamine Laboratory Material when:

  1. Knowing that such actions are in furtherance of a methamphetamine operation,
  2. Knowingly disposes of, or possesses with intent to dispose of, hazardous or dangerous material,
  3. Under circumstances that create a substantial risk to human health or safety or a substantial danger to the environment.

Penalties for Unlawful Disposal of Methamphetamine Laboratory Material

This Charge is a Class E Felony.

No Prior Felony Convictions and Unlawful Disposal of Methamphetamine Laboratory Material

For an individual with no prior felony convictions, New York Unlawful Disposal of Methamphetamine Laboratory Material is punishable by 1 to 1.5 years in prison, followed by 1 year of post release supervision. Additionally,

  • Probation is permitted;
  • If there are mitigating circumstances, an Alternative Definite Sentence of 1 year is permitted;
  • Youthful Offender (“YO”) Adjudication is permitted;
  • A Parole Supervision sentence is not permitted;
  • SHOCK is permitted;
  • Judicial Diversion into drug treatment court is permitted.
Prior Non-Violent Felony Conviction and Unlawful Disposal of Methamphetamine Laboratory Material

If an individual has a prior conviction for a non-violent felony, then Unlawful Disposal of Methamphetamine Laboratory Material is punishable by 1.5 to 2 years in prison, followed by 1 to 2 years of post release supervision. Additionally,

  • Probation is permitted;
  • If there are mitigating circumstances, an Alternative Definite Sentence of 1 year is permitted;
  • Youthful Offender (“YO”) Adjudication is not permitted;
  • A Parole Supervision sentence is not permitted;
  • SHOCK is permitted;
  • Judicial Diversion of the case into Drug Treatment Court is permitted.
Prior Violent Felony Conviction and Unlawful Disposal of Methamphetamine Laboratory Material

If an individual has a prior conviction for a violent felony, then Unlawful Disposal of Methamphetamine Laboratory Material is punishable by 2 to 2.5 years in prison, followed by 1 to 2 years post release supervision. Furthermore,

  • Probation is not permitted;
  • An Alternative Definite Sentence is not permitted even if there are mitigating circumstances;
  • Youthful Offender (“YO”) Adjudication is not permitted;
  • A Parole Supervision sentence is not permitted;
  • SHOCK is permitted;
  • Judicial Diversion of the case into a Drug Treatment Program is not permitted.

Contact a New York Drug Manufacturing Attorney

New York Drug Manufacturing cases typically arise out of long term investigations by state of federal authorities. Thus, it is essential that you have an attorney by your side with extensive drug investigation and defense experience. Contact us today regarding your New York Drug Manufacturing or Possession of Precursors for the Manufacturing of Controlled Substances.