Heightened Penalties for Crystal Meth Conviction
Increased use of crystal meth resulted in the federal government passing the Methamphetamine Epidemic Act in 2005 as part of the government’s war on drugs. The main purpose of installing the act was to place stiff restrictions on the legal uses of crystal meth, not to mention the heightening of the severity for its possession penalty laws. Because of the growing epidemic of crystal methamphetamine use, states like Nebraska have followed suit, implementing the same penalties for crystal meth possession as the federal government.
Even small amounts of crystal meth can lead to possession charges. A simple possession charge can carry up to 5 years in prison and a $10,000 fine. Possession with the intent to deliver is a class II felony that can carry up to 50 years in prison and depending on the quantity involved, those penalties can rise to 3-50, 5-50 or 20-life.
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 stiff penalties. Sometimes 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 production of meth (otherwise known as precursor chemicals/ingredients, or meth paraphernalia). Among others, this includes ephedrine, methylamine, phenyl-2-propanone, hydriodic acid, and hydrogen gas.
Crystal Meth Defense
Some of the ways to defend against a possession of methamphetamine charge is to challenge the intent of the individual. From there the sufficiency of the evidence and/or the police testimony may be called into question, as well as the constitutionality of the stop, search, or interrogation. A defense may even question the legality of use, meaning whether it was prescribed by a healthcare provider or not. The simple presence of crystal meth in a home does not necessarily implicate that every individual in the home is under possession, as the court must prove an individual to have intended to possess the drugs. This necessary element protects innocent bystanders who may unknowingly be living with a meth user, or may have had the drug planted on them.
Crystal Meth Defense Lawyer
Nebraska attorney Dan Stockmann has dedicated the past 15 years of his life to being solely invested in criminal defense. His extensive experience and professionalism dealing with cases involving crystal meth earned him the accolades to be listed in the National Trial Lawyer’s Top 40 Under 40 for 2013, in addition to being a member of the Nebraska Bar Association. He knows the ins and outs of Nebraska’s justice system, and can be a powerful advocate for your rights in uncertain times.