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Under federal law, it is illegal to possess, possess with the intent to sell, make, sell or attempt to make meth. It is also illegal to possess certain precursor substances with the intent to make meth or to sell those precursor substances when you believe they will be used to make meth. It is also illegal to place booby traps near where meth is being made and also against the law to make meth when it will endanger human life. Finally, under federal law, a person can have their property taken away if related to the making or selling of meth, and can also be forced to pay money to anyone hurt by meth or to pay for the cost of cleaning up a site used to make meth. Simple possession of meth cases are generally handled by state and local prosecutors.  Federal prosecutions usually involve the distribution, possession with intent, manufacture, and attempt to manufacture meth.  Probation is rarely an option following a sentencing hearing in these cases. Generally defendants will serve at least 85% of the court ordered sentence. 



The particular punishments in terms of prison sentences depend on the type of conduct along with the amounts of meth involved. In some cases, the conduct is so serious, there is no chance for probation or parole. In other words, if the person is found guilty, they must be sentenced to prison and must serve the entire sentence in prison.

A.     A person who is involved in making, selling or possessing with the intent to sell the following amounts of meth must be sentenced to the following minimum prison sentence. A minimum sentence means they must be sentenced to at least that much time but could be sentenced to more.

                           i.      50 grams pure meth---- 10 years (no probation/parole)

                         ii.      5 grams pure meth---- 5 years (no probation/parole)

                        iii.      500 grams mixture of meth-- 10 years (no probation/parole)

                        iv.      50 grams mixture of meth—5 years (no probation/parole)

B.      A person who possesses precursor substances (substances used to make meth) with the intent to make meth can be sentenced up to 20 years in prison.

C.      A person who sells precursor substances believing they will be used to make meth can be sentenced up to 20 years in prison.

D.      A person who puts a booby trap near a place where meth is being made can be sentenced up to 10 years in prison.

E.      It is illegal to maintain a place for the purpose of manufacturing, distributing, or using meth. Penalties include a sentence of not more than 20 years in prison, fine of $500,000, and a period of supervised release of not more than 3 years. A person who endangers human life by making meth can be sentenced up to 10 years.

 

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