NEWS FROM NEW YORK STATE ASSEMBLY
MINORITY LEADER CHARLES H. NESBITT

Contact: Kelly Cummings, 518-455-3756
Email: nesbitc@assembly.state.ny.us
For Immediate Release:
Wednesday, August 10, 2005

Governor Signs Important Meth Legislation
Elmira event marks the culmination of an Assembly Minority initiative

Assembly Minority Leader Charles H. Nesbitt hailed the enactment today of legislation that will aggressively attack the growing problem of methamphetamine (meth) production and abuse in New York State. Governor George E. Pataki signed the measure, which was championed by Assembly Minority members, in Elmira.

"In January of this year, Assembly Minority members began a public awareness campaign focused on the dangers of meth and the need for comprehensive legislation to combat this growing menace," said Leader Nesbitt. "The legislation being signed into law today is a major victory for all New Yorkers because it will stop the scourge of meth in our state by putting clandestine meth labs out of business, punishing lab operators appropriately, and protecting children and our environment from this insidious drug and the dangerous ingredients used to make it."

Meth is a highly addictive drug that can be produced cheaply using a variety of household products. It first surfaced on the West Coast, and reached epidemic proportions as it spread to the Midwest. The problem has now begun to make inroads in the Northeast.

New York had been the only state in the nation that did not criminalize the manufacture of meth as a felony. The new law creates three new felony offenses, ranging from class D to class B for production, and increases penalties for other related offenses. The measure will also increase penalties for persons who threaten public safety and our environment by carelessly disposing of dangerous meth ingredients.

"The devastating effects of meth have been seen in communities both urban and rural. Wherever it goes it leaves a trail of destruction that includes both human lives and environmental damage," Leader Nesbitt said. "This new law will be instrumental in stemming that tide, and I am proud to have had a hand in its passage."

Specifics of the new law are below.

New York’s New Anti-Meth Law:

  • Creates the crime of Unlawful Manufacture of Methamphetamine for persons who possess meth lab equipment and meth ingredients with the intent to make the drug - a class D felony, punishable by up to seven years in prison;

  • Possession of methamphetamine precursors and solvents, such as pseudoephedrine, with intent to produce meth will be punishable by a class A misdemeanor carrying a sentence of up to 1 year;

  • Theft or possession of stolen anhydrous ammonia with the intent to manufacture methamphetamine will be a class E felony carrying a sentence of up to 4 years;

  • Manufacture of meth in the presence of a child under 16 will be punishable by a class C felony carrying a term of up to 15 years;

  • Persons with a previous conviction of manufacturing meth that commit the same offense in the presence of a child will be punished with a class B felony, a maximum term of 25 years;

  • Persons who knowingly dispose of dangerous meth lab materials, which often create a substantial risk to human health or safety to the environment, will face a class E felony;

  • The state Department of Health will develop a program to inform and educate retailers about the problems of meth;

  • A statewide database of discovered meth labs will be established and maintained by the State Police, and

  • A methamphetamine awareness and education program will be created by the Office of Alcohol and Substance Abuse Service.



New York State Assembly
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