{"id":375255,"date":"2017-11-30T17:28:05","date_gmt":"2017-11-30T22:28:05","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-drug-cultivation-and-manufacturing-laws.html"},"modified":"2018-01-17T16:47:05","modified_gmt":"2018-01-17T21:47:05","slug":"new-york-drug-cultivation-and-manufacturing-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-drug-cultivation-and-manufacturing-laws.html","title":{"rendered":"New York Drug Cultivation and Manufacturing Laws"},"content":{"rendered":"\n
\n \n
\n

New York Drug Cultivation and Manufacturing Laws<\/h1>\n
\n
\n

Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Although most states now allow for medical marijuana<\/a> use, and many states have even legalized the herb<\/a> outright, it’s very important to understand the laws in your state before you start that "victory garden" in the spare bedroom. And if you live in New York, growing even a single plant can land you in jail for up to a year and set you back as much as $1,000 in fines (not to mention legal fees and other ripple effects from a conviction). Plan on growing an acre? Well, you’ll also be charged with possession based on the amount.<\/p>\n

Similar laws apply to the manufacture of other illicit substances<\/a>, such as methamphetamine or LSD, but generally carry much more severe sentences upon conviction. While chemical precursors to certain drugs may include common household products, New York’s laws are narrowly construed to consider certain combinations<\/i> of precursors that would suggest the intent to manufacture drugs. For instance, carbamide (or urea) is a compound found in urine. But possession of carbamide is only a crime if you also possess two other specific compounds that together can be used to make barbiturates.<\/p>\n

New York Drug Cultivation and Manufacturing Laws at a Glance<\/h2>\n

Important aspects of New York law pertaining to the cultivation or manufacturing of illicit drugs are summarized in the chart below.<\/p>\n\n

Statutes<\/b><\/p>\n<\/td>\n

Penal Code Section 220.25<\/a><\/p>\n

Penal Code Section 220.60<\/a><\/p>\n<\/td>\n<\/tr>

Definition of the Crime (excluding marijuana cultivation)<\/b><\/p>\n<\/td>\n

A person is guilty of criminal possession of precursors of controlled substances<\/b> when, with intent to manufacture a controlled substance unlawfully, he possesses at the same time:<\/p>\n

    \n
  • Carbamide (urea) and propanedioc and malonic acid or its derivatives;<\/li>\n
  • Ergot or an ergot derivative and diethylamine or dimethylformamide or diethylamide;<\/li>\n
  • Phenylacetone (1-phenyl-2 propanone) and hydroxylamine or ammonia or formamide or benzaldehyde or nitroethane or methylamine;<\/li>\n
  • Pentazocine and methyliodide;<\/li>\n
  • Phenylacetonitrile and dichlorodiethyl methylamine or dichlorodiethyl benzylamine;<\/li>\n
  • Diephenylacetonitrile and dimethylaminoisopropyl chloride;<\/li>\n
  • Piperidine and cyclohexanone and bromobenzene and lithium or magnesium; or<\/li>\n
  • 2, 5-dimethoxy benzaldehyde and nitroethane and a reducing agent.<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Crime Classifications and Penalties<\/b><\/p>\n<\/td>\n

Cultivation of Marijuana<\/b><\/i><\/p>\n