Methamphetamine is known as many things in California – such as meth, crystal, speed, or ice. In both state and federal laws, possession of meth has harsh penalties that could include time in prison or fines. The problem with these crimes is that a large amount can lead to harsher penalties. For instance, simple possession of a small amount of meth may not look like a huge crime. However, if you have large amounts, this could make it look like you were intending to distribute it under the law. In fact, because meth has become such a problem in our modern times, the federal government passed something known as the Methamphetamine Epidemic Act in 2005 to heighten the penalties of meth possession.
Penalties for Meth Possession
There are many factors that come into play when you are being penalized for meth possession. For instance, this can depend upon the amount of drug, the individual’s prior criminal record, and whether or not it is on a state or federal level. In many cases, you will see these cases be misdemeanors, but depending on the severity of the crime, this can raise to a felony. However, you may be able to participate in a program instead of spending time in prison, such as a drug court or drug treatment center. California has very specific laws when it comes to controlled substances that are not marijuana. After Prop 47 was introduced into law, being in possession is a misdemeanor only. This means that you should expect up to one year in the county jail.
Defenses to Meth Possession
To be convicted of the crime of meth possession, you must have intended to possess the drugs in the first place. Therefore, if you are living with somebody who has been using meth and don’t know it, you could not technically be convicted of having meth on you if the user planted it on you. The prosecutor in your case will have to prove beyond a reasonable doubt that you had intent to possess the meth. Sometimes, it can be difficult to raise a defense when drugs have been found on you or in your vehicle. This is why it is important to speak to a knowledgeable defense attorney about your options. Call us today to speak to us about your options in your unique case.