Methamphetamine is a highly addictive and dangerous drug. It presents a danger not only to the user but also to anyone exposed to its making. For these reasons, states and the federal government highly regulate meth and the chemicals used to make it.
What Is Crystal Meth?
Meth is often referred to as “crystal meth.” The adjective describes the physical appearance of the drug, which (unlike many drugs, such as marijuana and cocaine) is made from chemicals, not plants. After mixing the chemicals, the drug is made into a powdery substance or a rock-like crystal, hence the name. Meth can be smoked, snorted, and injected. Meth also goes by the names “ice,” “speed,” “crank,” and “glass.”
Making meth is a dangerous process. The chemicals are quite volatile, and when mixed they create toxic fumes that permeate everything they touch, including walls, furniture, clothing, and plumbing. The residue remains long after the product (and the criminals) have departed, and its clean-up is long, arduous, and expensive.
Is Meth Legal Under Any Circumstances?
Under the federal drug schedule and most state schedules, meth is classified as a “Schedule II” drug, the most restrictive classification for a prescription drug.
Methamphetamine can be used legally when it’s prescribed by a doctor, as was done in the past to treat conditions such as alcoholism, narcolepsy, depression, obesity, and attention deficit hyperactivity disorder (ADHD). Nowadays, meth is legally available under the trade name Desoxyn, to treat severe obesity, narcolepsy, and ADHD, but it’s rarely prescribed.
In most instances, possession, sale, and manufacturing of meth is illegal and carries stiff penalties. Making meth is considered so dangerous that most states and the federal government have criminal laws prohibiting unlawful possession of precursors used to make meth (such as ephedrine and anhydrous ammonia), plus enhanced penalties for making meth near children.
What Are the Penalties for Illegal Possession of Meth?
Possession of methamphetamine is a crime in every state and under federal law. To secure a conviction, the prosecutor must convince the judge or jury, beyond a reasonable doubt, that the defendant knew that the substance possessed or used was meth.
Federal Penalties for Meth Possession
Under federal law, a first drug-possession offense is a misdemeanor, but repeat possession offenses are felonies with up to two or three years of prison time. These penalties apply to the possession of meth, as well as to the possession of certain amounts of its chemical precursors (more than 9 grams of ephedrine, pseudoephedrine, or phenylpropanolamine base). (21 U.S.C. § 844 (2023).)
State Penalties for Meth Possession
State penalties for possession of meth vary. Some states impose the same penalty for possession of any illegal controlled substance, while others impose increasingly harsh penalties based on the amount and type of drug. For instance, New York makes it a Class C felony to possess a one-half ounce or more of meth and a Class A-II felony to possess two ounces or more. (N.Y. Penal Law §§ 220.09, 220.18 (2023).)
What Are the Penalties for Illegally Selling Meth?
Selling, furnishing, distributing, and possessing meth with intent to sell all typically carry the same penalties—they all fall under the umbrella of sale crimes. While the term “sale” generally suggests an exchange of money for drugs, drug sale laws cover a broader range of conduct, including furnishing, delivering, or gifting the drug, bartering for the drug (such as sex for drugs), and possessing the drug with the intent to sell it.
Federal Penalties for Selling Meth
Sale penalties often start as felonies. Federal law penalizes the distribution of between 5 and 50 grams of meth with felony penalties starting at 5 to 40 years in prison. Distributing 50 grams or more carries a minimum 10-year sentence and up to life in prison. Enhanced penalties apply for repeat offenses and any sale that results in death or serious bodily harm to the user. (21 U.S.C. § 841 (2023).)
State Penalties for Selling Meth
State penalties for meth sales vary but most are felony offenses. Penalties may depend on the amount of meth sold. And many states have enhanced penalties for selling to a minor, selling near a school or public park, or having prior drug convictions. (See Cal. Health & Safety Code §§ 11378, 11379, 11379.9, 11380.1, 11380.7 (2023).)
What Are the Penalties for Making or Manufacturing Meth?
Because making meth is extremely dangerous, most states and the federal government impose harsh penalties for making meth, operating meth labs, and possessing certain chemicals or paraphernalia with intent to make meth.
Manufacturing Methamphetamine
Under federal law, manufacturing meth carries the same penalties as the sale of meth. These penalties are based on the amount of meth involved and the defendant’s criminal history. Penalties range from five years to life in prison. (21 U.S.C. § 841 (2023).)
Possessing Precursors to Make Meth
It's a crime to possess ephedrine, pseudoephedrine, or other meth precursors with the intent to make meth. The federal crime carries up to 20 years in prison. (21 U.S.C. § 841 (2023).)
Operating a Meth Lab
Some states have separate crimes for operating meth labs. For instance, Pennsylvania has a separate crime for operating a meth lab that causes chemical reactions involving meth precursors. The state makes the offense a second-degree felony, which increases to a first-degree felony if the lab is near a school, college, daycare, or recreation center. There’s also a third-degree felony offense for illegally dumping waste from a meth lab operation. (18 Pa. C.S.A. §§ 3313, 7508.2 (2023).)
Exposing Children to a Meth Lab
Federal law penalizes exposing a child younger than 18 to a meth lab. The maximum penalty is 20 years and this sentence must run consecutively to the underlying manufacturing penalty. (21 U.S.C. § 860a (2023).) Most states also impose stiff penalties for exposing children to toxic chemicals involved in meth production. For example, Texas law increases the penalty by one degree for manufacturing meth in the presence of a child. (Tex. Health & Safety Code § 481.1122 (2023).)
Stealing or Possessing Anhydrous Ammonia With Intent to Make Meth
Anhydrous ammonia—an agricultural fertilizer—was previously a key ingredient in the illegal manufacturing of meth. Although its use in making meth has declined with new methods taking over, the laws prohibiting stealing or possessing anhydrous ammonia with the intent of making meth are still on the books. The federal penalty carries up to a 10-year prison sentence. (21 U.S.C. § 843 (2023).)
Defenses to Meth Charges
If charged with a drug crime related to meth, your defense attorney may raise the following defenses.
Innocence. If the drugs weren't yours or police incorrectly identified you as the drug dealer, you might assert your innocence. Your defense attorney may present an alibi defense to prove you were somewhere else or challenge an eyewitness's identification as unreliable or mistaken.
Lack of knowledge. Another common defense strategy is to poke holes in the prosecutor's case. If you didn't know of the drugs or what the drugs were, this factor may persuade the jury that the prosecutor hasn't proved every element of the case beyond a reasonable doubt.
Unlawful search or seizure. Evidence of the drugs must be obtained legally by police. If police conducted an unlawful search or seizure that led to the discovery of the drugs, the judge might toss out the evidence under the exclusionary rule.
Talk to a Lawyer
If you're facing charges relating to possession, sale, or manufacturing of meth, talk to a criminal defense attorney. Drug charges are a serious matter. A conviction can mean time behind bars, hefty fines, and a long-lasting criminal record.