Increased Penalties for Crystal Meth Conviction
Increased use of crystal meth led to the federal government passing the Methamphetamine Epidemic Act in 2005 as part of the government’s war on drugs. The main purpose of setting up the act was to put tight constraints on the legal usages of crystal meth, not to mention increasing the seriousness for its possession penalty laws. Because of the growing epidemic of crystal methamphetamine usage, states like Minnesota have joined the bandwagon, using the same penalties for crystal meth possession as the federal government.
Even small quantities of crystal meth can lead to possession charges. A possession charge of 42.5 or less is a misdemeanor and carries a $ 200 fine while 100 kg or more is a felony and carries 30 years imprisonment and a $1,000,000 fine.
Intent to Distribute Crystal Meth
These larger amounts can be a warning sign to police and the courts as having an “intent to distribute” which can cause more severe charges. In certain cases possession charges and in even worse cases manufacturing charges, can be brought against people that just had the over the counter drugs or chemicals utilized in the production of meth (otherwise known as precursor chemicals/ingredients, or meth materiel). To name a few, this includes ephedrine, methylamine, phenyl-2-propanone, hydriodic acid, and hydrogen gas.
Crystal Meth Defense
A few of the techniques to secure against a possession of methamphetamine charge is to challenge the intent of the individual. From there the sufficiency of the evidence and/or the authorities statement might be brought into question, in addition to the constitutionality of the stop, search, or investigation. A defense may even challenge the legality of use, meaning whether it was designated by a healthcare provider or not. The basic presence of crystal meth in a house does not constantly relate that every person in the family is under possession, as the court should prove a specific person to have intended to possess the drugs. This essential component guards innocent bystanders who may unconsciously be dealing with a meth user, or might have had the drug planted on them.