Methamphetamine Law

These following are the maximum penalties that may be imposed for methamphetamine related crimes. As with the laws for other drugs, there are several factors, such as prior criminal record, that will impact the final sentence for a crime.

Use:

Methamphetamine use is a misdemeanor, punishable by up to 1 year in jail, a $2,000 fine, or both.

Possession:

Possession of meth is a felony. Punishment may be imprisonment for up to 10 years, a $15,000 fine, or both.

Possession of meth in a park can increase the punishment by up to two years imprisonment.

Manufacture:

The manufacture of meth is a felony, punishable by up to 20 years in prison, a $25,000 fine, or both.

Operating or maintaining a meth lab is a felony, punishable by up to 10 years in prison, a $100,000 fine, or both.

Certain aggravating factors can increase the punishment for operating a meth lab. Operating a meth lab within 500 feet of another occupied building or in the presence of a child is a felony punishable by 20 years in prison, a $100,000 fine, or both.

Manufacturing with toxic materials or disposing those materials is a felony punishable by up to 20 years in prison, a $100,000 fine, or both. A person may also be required to pay the cost of cleaning the contamination left in the lab.

Possession of lab equipment or providing lab equipment to another are felonies punishable by up to 10 years in prison, a $100,000 fine, or both.

Sale:

The sale of meth or the possession of meth with the intent to sell is a felony punishable by up to 20 years in prison, a $25,000 fine, or both.

In addition, the sale of meth by a person over 18 to a person under 18 in a park can increase the years of imprisonment by up to 2 years.

Ephedrine and Pseudoephedrine laws:

Ephedrine and Pseudoephedrine is present in common cold medications and is often used as the active ingredient in meth.

A person may not purchase more than 3.6 grams in one single day or purchase more than 9 grams in a 30 day period. Doing so is a misdemeanor punishable by up to 93 days in jail, a $500 fine, or both.

Possession of more than 12 grams is a felony punishable by 2 years imprisonment, $2,000, or both.

A retailer may not sell to a person more than 3.6 grams in one single day or more than 9 grams in a 30 day period. A retailer also may not sell in a single over-the-counter sale more than 2 personal convenience packages containing 2 tablets each of any such product.

Retailers must keep certain products containing ephedrine or pseudoephedrine behind the counter or in a locked case. A purchaser must show valid ID and the purchaser’s name, birth date, and address must be entered into a database. A retailer may not sell this product to a minor.

A person may not sell or deliver ephedrine or pseudoephedrine to an individual if the sale is transacted through the use of the mail, internet, telephone, or other electronic means.  Such a sale is a felony punishable by up to 4 years imprisonment, a $5,000 fine, or both.

Selling ephedrine to a person under 18 years of age is a misdemeanor punishable by up to 93 days in jail, a $100 fine, or both.

Smurfing Laws to Take Effect in January 2015:

Buying ephedrine or pseudophedrine for another knowing it will be used to produce methamphetamine is a felony, punishable by up to 5 years imprisonment, a $5,000 fine, or both,

Asking another person to purchase ephedrine or pseudoephedrine knowing it will be used to produce methamphetamine is a felony, punishable by up to 10 years imprisonment.

Other penalties:

As with other drug laws, an individual’s driver’s license will be suspended upon conviction for certain drug crimes. Property will be subject to forfeiture following a seizure. Because of the hazardous nature of producing meth, child protective services may become involved where meth was being produced around children.

Sentencing Options:

Sentencing options may be available for some of these meth related crimes. HYTA, 7411, and deferred sentencing may be used to keep convictions off your record, depending on the crime, age at time of conviction, and prior criminal record.

If you have been charged with a methamphetamine crime contact ArborYpsi Law at 734.883.9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein.

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