Possession of methamphetamines could result in criminal charges and penalties. Even more severe penalties may be in store for those charged with possession with intent to distribute. While many people understand that the use and possession of meth are illegal, they might not know how serious New York law treats the possession of precursors.
The possession of methamphetamine precursors
The term precursor essential refers to ingredients, such as chemicals or other substances used to make illegal drugs. Outlawing the possession of precursors makes sense from a public safety perspective. If those involved in the manufacturing of methamphetamines faced arrest before producing the illegal drug, the product could not make it to the streets.
Criminal statutes regarding the possession of methamphetamine precursors present specific parameters for the charges. The accused must possess solvents, chemicals or precursors with the intent to use or know someone else intends to use the ingredients to manufacture methamphetamine.
Questions about possession
As the New York criminal statute notes, intent factors crucially into whether precursor-related possession charges have merit. Merely possessing the precursors might not be illegal, so a prosecutor must prove that the defendant intended to manufacture or support someone else’s desire to manufacture methamphetamines.
Drug charges involving possession may focus on whether the person physically possessed the materials or had control over their location. Charging someone who did not keep the precursors in their home or vehicle or a place they could not enter might result in a weak case.
Questions may arise about whether the accused knew about the precursors being present on their property. If not, proving any intent might be highly challenging.
Prosecutors must prove guilt beyond a reasonable doubt to secure a conviction. Certain questions may leave significant doubts in a jury’s mind.