220.6 Criminal possession of precursors of controlled substances
In the state of New York, manufacturing controlled substances is against the law. Additionally, it’s against the law to possess the precursors or necessary ingredients that make up some controlled substances. As per New York Penal Code 220.60, it’s illegal to possess ingredients that can make up substances like phenylacetone and methylamine, which are used to create methamphetamine. At the same time, merely possessing ingredients is not illegal, as stated within the statute. To be charged and convicted of criminal possession of precursors of controlled substances, an individual must possess certain items and intend to manufacture a controlled substance.
Example of Criminal Possession of Precursors of Controlled Substances
Police are given a tip by a man that his neighbor is stashing drugs inside his home. Police get a legal search warrant to check it out but don’t find any controlled substances during the search. However, they do uncover a significant amount of certain ingredients that can make up a specific controlled substance. The man who lives at the residence can subsequently be charged with and prosecuted for criminal possession of precursors of controlled substances due to the contents the police discovered in the house.
When is a Person Guilty of Criminal Possession of Precursors of Controlled Substances as Per New York Penal Code 220.60?
A person can be considered guilty of criminal possession of precursors of controlled substances if they possess certain ingredients and have the intention of manufacturing a specific controlled substance. The following substances can lead to guilt:
• Carbamide (urea) and propanedioc and malonic acid or its derivatives
• Ergot or an ergot derivative and diethylamine or dimethylformamide or diethylamide
• Phenylacetone (1-phenyl-2 propanone) and hydroxylamine or ammonia or formamide or benzaldehyde or nitroethane or methylamine
• Pentazocine and methyliodide
• Phenylacetonitrile and dimethylaminoisopropyl chloride
• Piperidine and cyclohexanone and bromobenzene and lithium or magnesium
• 2, 5-dimethyoxy benzaldehyde and nitroethane and a reducing agent
Offenses Related to Criminal Possession of Precursors of Controlled Substances
Frequently, certain offenses are related to the crime of criminal possession of precursors of controlled substances. Those crimes are as follows:
• Criminally using drug paraphernalia in the second degree (as per New York Penal Code 220.50)
• Criminally using drug paraphernalia in the first degree (as per New York Penal Code 220.55)
• Criminal possession of methamphetamine manufacturing material in the first degree (as per New York Penal Law 220.71)
• Criminal possession of precursors of methamphetamine (as per New York Penal Law 220.72)
Penalties and Sentence for Criminal Possession of Precursors of Controlled Substances
The crime of criminal possession of precursors of controlled substances is considered to be a class E felony. That means if you are charged with the offense, you can potentially receive a maximum sentence of four years in prison. In addition, you may face a fine and probation that lasts five years. When the judge decides your sentence, he or she will consider the exact crime that was committed, the circumstances surrounding it, your background and whether you have a prior criminal record.
Possible Defenses for Criminal Possession of Precursors of Controlled Substances
It is very important to hire a criminal defense lawyer if you are charged with the crime of criminal possession of precursors of controlled substances. Your attorney can use certain defenses during the case against you that can either have the charges reduced or dismissed. One common defense is to argue that you had an innocuous reason for having the ingredients in question. Another popular defense your attorney can argue is that the police unlawfully uncovered the ingredients, such as if they lacked a search warrant. In such a situation, the court would have no choice but to dismiss the charges.
If you have been arrested for criminal possession of precursors of controlled substances, it is a serious matter. You need legal representation in the form of an experienced criminal defense attorney. Get in touch with a lawyer immediately.
May 17, 2018
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