Since many of these precursor compounds are manufactured outside the State of New York (in some cases, even overseas), it is not uncommon for a federal law enforcement agency such as the Drug Enforcement Agency (DEA) or the Department of Agriculture to be involved in a multi-state law enforcement operation that can lead to a trial on both state and federal charges.
If, however, a person has been previously convicted of possession of precursors, or of manufacturing a controlled substance, the possible penalties can be “enhanced” (raised to another, more severe, level) at the discretion of the prosecuting agency.
Other defenses to a charge of criminal possession of precursors may include:
Regardless of circumstances, it must be remembered that the federal laws governing possession of chemicals that may be used to manufacture controlled substances are, as a rule, much stricter than those of New York. It is therefore vital to a successful criminal defense that anyone charged with criminal possession of precursor chemicals contact a NYC criminal defense lawyer as soon as possible after learning they have been charged under state or federal law.
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