Punishments for Crystal Meth Conviction
Increased use of crystal meth resulted in the federal government passing the Methamphetamine Epidemic Act in 2005 as a part of the government’s war on drugs. The general objective of installing the act was to put tight restrictions on the legal uses of crystal meth, as well as increasing the severity for its possession penalty laws. As a result of the increasing epidemic of crystal methamphetamine use, a number of states have followed suit, employing the same consequences for crystal meth possession as the federal government.
Even small quantities of crystal meth can lead to possession charges. Possession of 1 gram or less is a felony which carries jail time of 6 months to 2 years and a fine of up to $10,000.
Intent to Distribute Crystal Meth
These larger amounts can be a red flag to the law enforcement and the courts as having an “intent to distribute” which can lead to very harsher penalties. In certain cases possession charges and in worse cases manufacturing charges, can be brought against individuals that only possessed the over-the-counter drugs or chemicals used in the manufacturing of meth (otherwise known as precursor chemicals/ingredients, or meth paraphernalia). Among others, this consists of ephedrine, methylamine, phenyl-2-propanone, hydriodic acid, and hydrogen gas.
To give you an idea of the potential penalties, possession, and distribution of crystal meth is under Penalty Group 1 and possession of 1 gram or more can lead to a prison sentence of up to 2 years and fines of up to $10,000.
Crystal Meth Defense
Challenging the intention of the individual is just some of the procedures to protect a defendant from a possession of methamphetamine charge. From there the adequacy of the proof and/or the cop testimony may be disputed, as well as the constitutionality of the stop, search, or investigation. A defense may even question the lawfulness of use, meaning whether it was delegated by a healthcare provider or not. The simple existence of crystal meth in a house does not regularly relate that every single person in the house is subject to possession, as the court must verify a specific individual to have planned to possess the drugs. This key element guards innocent spectators who could mindlessly be living with a meth user, or may have had the drug planted on them.