220.73 Unlawful manufacture of methamphetamine in the third degree
Unfortunately, there are people who make methamphetamine labs in their homes or vehicles. This is a practice that is very common among those who have a strong desire to use the drug or sell the drug. Most of the items that are used to make meth can be legally bought at grocery stores, retail stores or pharmacies. There are sales clerks who will offer assistance in finding these ingredients if the person claims to need them for an illness or a typical reason, not telling the clerk the true intention of getting the products. Some ingredients are behind the counter and are limited in the number of packages that you can purchase, but they are still legal to buy without a prescription.
According to the FindLaw, it is illegal to manufacture meth whether it’s in the home or in a vehicle. The drug is addictive and can cause severe health problems for the user. There are also possible risks when making the drug because the wrong combination of the ingredients together could result in an explosion.
Unlawful manufacture of meth in the third degree is the least severe of the charges that you could receive. There are a few ways that you can be charged with breaking this penal code in New York. One is that there are two or more chemicals and two or more pieces of lab equipment in your possession for the intended use of making meth. The second way is if you have only one piece of equipment but three chemicals that are needed to make meth. You could have two chemicals in your possession that are mixed with a solvent. Another is if you have a precursor already mixed with a solvent.
Sometimes, these issues can be a bit confusing to some people who don’t think that they have done anything wrong because they haven’t made the drug. An example would be when an officer receives word that someone is making lab in his home. When the officer arrives at the home, he discovers containers that have various chemicals in them that are known to be used for making meth. There is no equipment in the home that would suggest meth is being made. However, the officer charges the man with the unlawful manufacture of meth because of the ingredients that are present. The prosecution would likely be able to get the charges dismissed because there is no equipment present, and the chemicals weren’t blended together or with a solvent.
There are a few defenses that can be used if you have been charged with unlawful manufacturing. One option is to challenge the way in which the officer discovered the evidence. Give details to the attorney about whether the officer had a warrant or if you were doing anything illegal for the officer to enter your home. An officer must have probable cause before searching your home or vehicle, and if probable cause is not there, then your attorney will usually be able to get the charges dismissed because of the manner in which the evidence was retrieved.
May 17, 2018
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