Methamphetamine Possession and Manufacturing
Methamphetamine (or as it will be called for the purposes of this article, meth) is a synthetic drug with a rapid and lasting effect that is used to treat narcolepsy and maintain blood pressure but is used illegally most commonly as a stimulant. Methamphetamine is classified as a Schedule II controlled substance and the minimum charge for possession is classified as a class C felony while charges for possessing meth manufacturing material begins as a class A misdemeanor. New York State also criminalized the possession of precursors of meth which will be explained below as a class E felony and the unlawful manufacture of meth begins as a class D felony and can reach as high as a class B felony. Our experienced team of New York criminal attorneys are on standby, waiting to speak with you regarding any charges you may have that involve methamphetamine possession or manufacturing in any degree.
As an overview to possession charges, possession of .5 ounces or more of methamphetamine or its compounds, substances, preparations or mixtures is, as mentioned above, a class C felony. One or more of those listed weighing over .125 ounces is chargeable as a class B felony and a weight of over 2 ounces is a class A-II felony, the second highest possible felony charge and the possibility of up to 25 years served if convicted.
Possession of manufacturing material for meth in the second degree is a class A misdemeanor when a person knowingly possesses a chemical regent, solvent or precursor with intent to use another such substance to unlawfully prepare meth. If a person has been convicted of such and receives another conviction within five years, the result will be a class E felony, possession of manufacturing material for meth in the first degree. The law also states that if a person possesses precursors for the manufacturing of meth with the intent to manufacture is a class E felony as well.
The unlawful manufacture of meth is chargeable in three degrees, the lowest being a class D felony. This charge applies when a person possesses two or more items of laboratory equipment (any material used in the preparation, production or manufacture) as well as two or more solvents or precursors, one item of laboratory equipment and three or more precursors or a precursor that is two or more chemical reagents mixed together. If they have committed this offense and are in the presence of a person between the ages of five and 16 or have been previously convicted of unlawful manufacturing within the past five years, the charge becomes a class C felony. It is highest form as a class B felony, if a person has been convicted of both unlawful manufacturing in both the second and third degree in the previous five years.
It should also be noted that the disposal of meth lab material that is dangerous or hazardous material in a way that creates substantial risk to human health or safety or creates a substantial risk to the environment, they can be charged with a class E felony.
Regardless of what type of offense you have been charged with in relation to methamphetamines, our experienced team of New York criminal attorneys are here to help you navigate these charges. Call now to speak with one of our team and discuss what options are available to you.