Just as New York State’s Penal Code makes it illegal to unlawfully sell or possess a controlled substance, it is also illegal to manufacture these items. However, getting charged with manufacturing drugs can be a bit more complicated than simple possession. With the exception of laws that expressly prohibit the manufacturing of methamphetamine, New York State does not specifically outlaw drug manufacturing. Instead, law enforcement uses statutes that punish people who allegedly possess drugs, intend to sell them, or who possess items that could be used to make them.
In any case, a conviction of any crime can be a life-changing event that could require someone to spend significant time in jail. A skilled drug attorney could help you by representing you in court against allegations involving the illegal manufacturing of drugs. Whether you are facing allegations of manufacturing for the purpose of selling or are simply accused of having the tools to allegedly make drugs, Mike Schillinger is an Islip drug manufacturing lawyer who may be able to help.
What Laws Prohibit the Manufacture of Drugs?
Some New York State statutes specifically prohibit the manufacture of methamphetamine. New York State Penal Code § 220.70 states that it is illegal to possess any precursor, solvent, or component used in the manufacture of methamphetamine. A conviction here is a class A misdemeanor that could result in up to one year in jail.
Similar provisions prevent people from possessing any laboratory equipment used in the production of methamphetamine. New York State Penal Code § 220.73 states that it is a class D felony to possess this equipment in tandem with the precursors needed to make the drug.
Finally, a more generalized statute prohibits the possession of any equipment that could be used to make or distribute drugs. Known as criminally using drug paraphernalia in the second degree, New York State Penal Code § 220.50 states that it is illegal to possess any item used to package or create drugs including:
- Vials
- Gel capsules
- Glassine envelopes
A conviction here is a class A misdemeanor that could result in up to one year in jail. Subsequent convictions can elevate charges to a potential felony. An Islip drug manufacturing attorney could provide clarity surrounding a specific circumstance.
How Could Accusations of Manufacturing Intersect With Other Drug Charges?
Charges involving the manufacture of drugs could often accompany charges of distributing those same drugs. Police who arrest a person upon suspicion of possessing drugs with the intent to distribute will often collect evidence that fits into the drug paraphernalia laws.
This could result in a person facing charges for not only possession with intent to distribute, which is a felony level charge but also the misdemeanors available for paraphernalia charges. An Islip drug manufacturing attorney could help explain the relevant charges to you.
Even if the prosecutor is not able to prove the distribution charges, these cases often begin with the execution of a search warrant. As long as this warrant is legally applied for and executed, the charges involving packaging materials or manufacturing equipment could still apply.
Talk to an Islip Drug Manufacturing Attorney Today
New York State’s laws concerning the manufacturing of drugs could allow police to charge almost anyone they find with large quantities of drugs with the intent to manufacture more. An Islip drug manufacturing lawyer could help you refute these accusations in court. Attorney Mike Schillinger could work to dispute the legality of any search warrants that led to the arrest or to refute the idea that the packaging materials were used to create drugs intended for sale. Contact our team today to discuss your case.
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