BILL NUMBER: S1481
SPONSOR: O'MARA
 
TITLE OF BILL:
An act to amend the penal law, in relation to penalties for the crimes
of criminal possession of methamphetamine manufacturing material and
unlawful manufacture of methamphetamine
 
PURPOSE:
To amend the penal law, increasing the penalties for the criminal
possession of methamphetamine manufacturing material and unlawful manu-
facture of methamphetamine.
 
SUMMARY OF PROVISIONS:
Section 1. 2. amends the definition of methamphetamine manufacturing
materials. Establishes the penalties for criminal possession of meth-
amphetamine manufacturing materials
Section 3. 4. 5. amends the definition of unlawful manufacture of meth-
amphetamine. Establishes the penalties for unlawful manufacture of meth-
amphetamine.
 
JUSTIFICATION:
The US Department of Justice National Drug Intelligence Center has
reported domestic methamphetamine availability is at a five year high,
the result of increasing large scale Production of the drug in Mexico
and increases in the small-scale production in the United States. For
the second consecutive year, seizures of methamphetamine laboratories in
the United States have risen as a result of the prevalence of what US
Department of Justice refers to as small scale one pot" or "shake and
bake" laboratories. In New York State, there were eleven clandestine
laboratories/incident reported during the second quarter of 2011. This
represents an increase of over 500% compared to reports during the same
period in 2010. The New York State Intelligence Center estimates that
should such trends continue, it is probable that there will be forty or
more reported clandestine laboratory incidents in 2011, the first time
New York will have reached such a rate since 2004.
The costs of methamphetamine and its manufacturing to state and local
governments is exorbitant, with the Independent Rand Corporation esti-
mating in 2009 that the drugs economic cost to society could reach $48
billion. In addition, such laboratories and toxic dumpsites pose a
significant threat to our children, the health of our communities; and
our environment.
This legislation seeks to increase the penalties for the unlawful
possession of materials related to methamphetamine and its manufactur-
ing. By providing law enforcement and the judicial system the tools
necessary to limit the growth of methamphetamine laboratories in New
York State, it will provide a greater level of security for communities
and a preemptive measure by the state to prevent a growing problem from
manifesting within its boundaries.
 
PRIOR LEGISLATIVE HISTORY:
2014: S3639
2015: S1440
2017: S123
2019: S2123
2021: S5440
2023: S2214
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.

Statutes affected:
S1481: 220.70 penal law, 220.71 penal law, 220.73 penal law, 220.74 penal law, 220.75 penal law