KEY POINTS

  • Luis Estrada and Carlos Santos are suspected to be smugglers for a Mexican cartel
  • They were freed as charges against them do not qualify for a bail-eligible offense
  • Under New York law, meth is categorized as a controlled substance, not a narcotic

New York City -- Two California men were arrested in New York for carrying a large stash of crystal meth worth approximately $1.2 million, but were released due to the lax bail laws in the state, federal officials said Monday.

The suspected Mexican drug-cartel smugglers, identified as Luis Estrada, 19, and Carlos Santos, 34, were caught transporting two loads of crystal methamphetamine, totaling around 165 pounds, to New York. Estrada and Santos were arrested while attempting to make two separate drop-offs on July 5 and July 8, respectively, according to a news release by the Special Narcotics Prosecutor's Office.

After being arrested on charges of second-degree criminal possession of a controlled substance, the two men were freed on supervised release after they were arraigned in Manhattan Criminal Court last week.

Their charges do not qualify for bail, according to 2019 bail-reform measures.

Methamphetamine is not categorized as a narcotic drug under the laws in the state of New York, so possession does not come under narcotic drug law. Due to this, the suspects could not be charged with a bail-eligible offense, the Drug Enforcement Administration and Nassau County District Attorney’s Office said in a joint statement.

"This is a serious problem. The failure to include methamphetamine crimes among bail-eligible offenses was probably an oversight," New York City Special Narcotics Prosecutor Bridget Brennan told the New York Post.

Despite the lax laws, the rampant use of meth in the region is causing addiction, overdoses, and poisoning, the officials said.

"At the time the bail laws were changed, New York City was not a distribution hub for methamphetamine. Now it is, and we are unable to even ask for bail, even if we arrest someone with no ties to the city and a load worth millions of dollars," Brennan said.

"I hope that when legislators are better informed they will make a change," she added.

"Methamphetamine is categorized as a controlled substance, but not a narcotic drug. Regardless of the amount of methamphetamine involved, and regardless of a defendant’s lack of connections to New York State, under current law judges may not set bail on cases involving the possession of only methamphetamine," the statement said.

methamphetamine-gad25e3e92_640
representational image pixabay