New York law makes it a crime to chemically manufacture controlled substances such as ecstasy, LSD, crystal meth, cocaine, or heroin. The act of manufacturing includes preparation, synthesizing, and even packaging the narcotic for distribution.
- State Penalties for Drug Manufacturing:
Penalties for drug manufacturing vary depending on the circumstances and the prior record of the accused. For example, if someone were arrested for manufacturing crystal meth (methamphetamine), they could be charged with a class B felony if the offense is a first-degree one, and the penalty is up to 25 years in prison and a $30,000 fine. A second-degree offense would be prosecuted as a class B or class C felony (depending on the existence of a previous felony record) while methamphetamine manufacturing in the third degree is a class D felony punishable by a fine and up to seven years in prison. Since a variety of instruments, chemicals and equipment are used to manufacture drugs, a person can be arrested for possessing drug paraphernalia even if no controlled substance was found during a search. Such items include dilutants, scales, capsules, solvents, or glassware: anything used to prepare, mix, package, or distribute the drugs. Anyone found possessing such paraphernalia can be found guilty of a class A misdemeanor, which can be punished by up to one year in jail.
- When is the best time to act?:
Drug manufacturing involves chemically processes that are potentially dangerous, so New York laws deal harshly with those who have been charged with this crime. If you have been accused of drug manufacturing, contact a criminal defense attorney immediately.
- Related Crimes:
Attempt to Commit Conspiracy, Conspiracy, Criminal Sale of a Controlled Substance, Criminal Possession of a Controlled Substance, Possession of Drug Paraphernalia, Criminal Nuisance
- Difference between New York state and Federal statutes:
On the federal level, the illegal manufacture, distribution, or dispensing of drugs (including marijuana) can result in a minimum penalty of a $250,000 fine and/or imprisonment for up to three years, while the maximum punishment is a fine not to exceed $8,000,000 for an individual and imprisonment for life without eligibility for parole.
- Successful Defenses:
Unlawful search and seizure, entrapment, and mental disease / defect are acceptable defenses. In the case of possessing drug paraphernalia, if a person can prove that they did not possess the items or possess them knowingly with the intention of using them for illegal purposes, they can present a defense.
- High profile/government cases:
On March 25, 2014, a Savona couple was charged with manufacturing methamphetamine at a residence occupied by a child. The execution of a search warrant at 7250 Chrisler Road resulted in the discovery and seizure of components, precursors, and equipment used in the manufacture of methamphetamine. Christopher and Kristy Bidwell were charged with Endangering the Welfare of a Child; Unlawful Manufacture of Methamphetamine in the second degree, Criminal Use of Drug Paraphernalia, in the second degree, Criminal Nuisance in the second degree; and Criminal Possession of a Controlled Substance in the seventh degree.