How New York Penal Law Addresses Drug Manufacturing
New York Penal Law specifically punishes people who manufacture or attempt to manufacture methamphetamine. Furthermore, having the precursors to the drug can be a crime if the prosecutor can prove that you possessed them with the intent to create the drug.
According to New York Penal Law §220.70, a first conviction for Criminal Possession of Methamphetamine Manufacturing Material in the Second Degree is a class A misdemeanor that may result in heavy fines and up to one year in jail. Subsequent convictions advance this charge from the second degree to the first degree, accordingly raising the charge to the level of a felony.
While New York Penal Law does not specifically punish people who manufacture other illegal drugs, it can punish the possession of items that may be used to make or package drugs. This can typically include pill casings, small envelopes, scales, or even instructional guides. Simply possessing these items can be charged as a crime under NYPL §220.50. Known as Criminally Using Drug Paraphernalia in the Second Degree, this is also a class A misdemeanor.
Even the possession of materials used to package drugs can be illegal. Depending on the circumstances, New York’s drug paraphernalia laws make it a misdemeanor simply to have items that could be used to make drugs or package them.
Aggravating Factors
Allegations of drug manufacturing become more serious when charged in tandem with allegations of distributing the drug. Simply having drugs in your possession for the purpose of distributing them is a felony-level offense. If those drugs are narcotics such as heroin or cocaine, a conviction could result in a mandatory minimum prison sentence.
Many of the same circumstantial factors that may lead the police to believe you have drugs in your possession with the intent to distribute them are the same factors that can lead to paraphernalia charges. Even worse are allegations that you actually sold the drugs.
Convictions for selling drugs are always serious felonies, and the harshest possible charges for this crime are class A-1 felonies, the most severe classification of crime established by New York Penal Law. No matter the exact type of drug charge that you face, you should present a powerful and proactive defense—a task with which a qualified drug manufacturing lawyer in Syracuse could help immensely.
