Comprehensive Anti-Meth Legislation Signed Into Law

Elmira, N.Y.--

Legislation sponsored by New York State Senator George H. Winner, Jr. (R-C, Elmira) to combat the manufacture and use of methamphetamine in the Southern Tier-Finger Lakes region and throughout New York State, has been signed into law by Governor George E. Pataki.

The governorconducted a bill signing ceremony at the Chemung County Courthouse in Elmiralate yesterday morning.

"This tough new anti-meth law is the criminal justice victory of the 2005 legislative session. It gives our communities a chance to fight back. It clears the way for more aggressive and potent law enforcement. It ensures continued vigilance through community awareness and education," saidWinner, a Senate sponsor of the new law who made the enactment of anti-meth legislation a priority throughout the 2005 legislative session. "I’ve been extremely grateful for the opportunity to help develop and guide this effort to put meth manufacturers out of business in the Southern Tier and across New York State."

Winner said the law will allow law enforcement officials to prosecute individuals who run and operate illegal, dangerous meth labs even if the individuals are not caught with the finished product.

In addition, prosecutors will be able to seek felony level convictions for the possession and/or theft of anhydrous ammonia, a common agricultural fertilizer and industrial refrigerant and key ingredient in illegal meth production.

Winner sponsored several anti-meth measures approved by the Senate this year and helped lead the effort to advance initiatives to make it easier to prosecute manufacturers of the illegal drug. The new law incorporates these initiatives into a comprehensive anti-meth strategy that includes tougher new criminal penalties to outlaw the operation of clandestine labs; promotes greater community awareness and education; protect children; and begins to address the environmental dangers associated with meth labs.

Specific crimes and penalties being established are:

> Criminal Possession of Meth Manufacturing Material in the Second Degree: Possession of any one precursor, chemical reagent or solvent with intent to manufacture meth (A Misdemeanor);

> Criminal Possession of Meth Manufacturing Material in the First Degree: Possession of any one precursor, chemical reagent or solvent with intent to manufacture meth, where the individual has been previously convicted of the same crime within the preceding five years (E Felony);

> Criminal Possession of Precursors of Methamphetamine: Possession of a precursor and a solvent or reagent at the same time with intent to manufacture meth (E felony);

> Unlawful Manufacture of Methamphetamine in the Third Degree: Possession of two pieces of lab equipment and two precursors, reagents or solvents with intent to manufacture meth; or, three or more of the chemicals and one piece of lab equipment at the same time and place with intent to manufacture meth; or possession where some of the ingredients to make the drug have begun to be mixed (D Felony);

> Unlawful Manufacture of Methamphetamine in the Second Degree: Unlawful Manufacture of Methamphetamine in the Third Degree where the individual has previously been convicted of one of the meth felonies (not related to anhydrous ammonia) within the preceding five years, or if the individual operates a lab in the presence of a child (C Felony);

> Unlawful Manufacture of Methamphetamine in the First Degree: Unlawful Manufacture of Methamphetamine in the Third Degree and Second Degree where the individual was operating both in the presence of a child and had been convicted of one of the meth felonies (not related to anhydrous ammonia) within the preceding five years (B Felony);

> Unlawful Disposal of Meth Lab Material: Disposal or attempted disposal of hazardous material generated or used in making meth under circumstance creating risk to others or the environment (E felony).

The law will allow the New York State’s Office of Alcoholism & Substance Abuse Services to develop a statewide information program regarding meth. In addition, the New York State Police will be notified by law enforcement of every lab that is discovered and will create a database regarding these labs. Also, the Department of Environmental Conservation will be notified by the New York State Police every time a lab is found, and local retailers, child protective workers and EMS workers will receive educational materials regarding meth and meth labs.

Meth-related action in the Legislature gained ground throughout this legislative session following the release of a state report earlier this year warning that methamphetamine will become an increasingly dire public health and safety threat unless New York adopts new and tougher laws to combat the drug’s proliferation. The report by the State Commission of Investigation (SIC), "Methampehtamine Use & Manufacture," warned that the drug’s rapidly growing use and manufacture "poses an urgent threat to public health and safety and without new and tougher laws to combat the threat, New York could become a haven for methamphetamine users and manufacturers." It highlighted the Southern Tier as a hotbed of criminal meth activity in New York State.

"We couldn’t sit back and allow our region to provide a safe harbor for these illegal operations," said Winner.