Methamphetamine Crimes

Methamphetamine is better known as “crystal meth” or simply “meth,” but it also has such street names as “speed,” “ice,” or “glass,” among several others. Methamphetamine has become increasingly popular in various locations around the country as more people have discovered that methamphetamine can be manufactured (or “cooked”) using over-the-counter (OTC) cold or allergy medicines.

Methamphetamine is classified under Penalty Group 1 of the Texas Health and Safety Code, which means that crimes involving the drug are subject to the strictest possible penalties. Prosecutors frequently present methamphetamine cases as being clear dangers to the community and seek maximum prison sentences for such offenses.

Methamphetamine Crimes Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX

Were you or your loved one arrested for an alleged methamphetamine crime in Dallas?

Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.

Methamphetamine Crimes Penalties in Texas

Texas Health and Safety Code § 481.115 establishes that possession of a controlled substance listed in Penalty Group 1 like methamphetamine will be graded based on the amount of meth the alleged offender allegedly possessed. Charges are usually classified as follows:

Less Than 1 Gram — State jail felony punishable by a fine of up to $10,000 and/or up to two years in county jail
1 Gram or More, But Less Than 4 Grams — Third-degree felony punishable by a fine of up to $10,000 and/or up to 10 years in prison
4 Grams or More, But Less Than 200 Grams — Second-degree felony punishable by a fine of up to $10,000 and/or up to 20 years in prison
200 Grams or More, But Less Than 400 Grams — First-degree felony punishable by a fine of up to $10,000 and/or up to 99 years or life in prison
400 Grams or More — Enhanced first-degree felony punishable by a fine of up to $100,000 and/or a minimum of 10 years up to 99 years or life in prison

Texas Health and Safety Code § 481.112 makes it illegal to manufacture, deliver, or possess with intent to deliver (also known as “intent to sell”) a controlled substance in Penalty Group 1. These kinds of crimes are graded as follows:

Less Than 1 Gram — State jail felony punishable by a fine of up to $10,000 and/or up to two years in county jail
1 Gram or More, But Less Than 4 Grams — Second-degree felony punishable by a fine of up to $10,000 and/or up to 20 years in prison
4 Grams or More, But Less Than 200 Grams — First-degree felony punishable by a fine of up to $10,000 and/or up to 99 years or life in prison
200 Grams or More, But Less Than 400 Grams — Enhanced first-degree felony punishable by a fine of up to $100,000 and/or a minimum of 10 years up to 99 years or life in prison
400 Grams or More — An enhanced first-degree felony punishable by a fine of up to $250,000 and/or a minimum of 15 years up to 99 years or life in prison

Methamphetamine Chemical Crimes Penalties in Dallas

People can face methamphetamine-related charges even when they did not possess the actual drug methamphetamine. Texas Health and Safety Code § 481.124 establishes that it is a second-degree felony punishable by a fine of up to $10,000 and/or up to 20 years in prison when an alleged offender possesses or transports certain chemicals with intent to unlawfully manufacture methamphetamine.

A person commits this crime if they, with intent to unlawfully manufacture a controlled substance such as methamphetamine, possess or transport any of the following:

Anhydrous ammonia
An immediate precursor (defined under Texas Health and Safety Code § 481.002(22) as a substance the director of the Department of Public Safety or an employee of the department designated by the director finds to be and by rule designates as being a principal compound commonly used or produced primarily for use in the manufacture of a controlled substance, a substance that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, and a substance the control of which is necessary to prevent, curtail, or limit the manufacture of a controlled substance)
A chemical precursor or an additional chemical substance named as a precursor by the director of the Department of Public Safety

Intent to unlawfully manufacture methamphetamine is presumed when an alleged offender possesses or transports:

Anhydrous ammonia in a container or receptacle that is not designed and manufactured to lawfully hold or transport anhydrous ammonia;
Lithium metal removed from a battery and immersed in kerosene, mineral spirits, or similar liquid that prevents or retards hydration; or
In one container, vehicle, or building, phenylacetic acid, or more than nine grams, three containers packaged for retail sale, or 300 tablets or capsules of a product containing ephedrine or pseudoephedrine, and anhydrous ammonia, at least three of the following categories of substances commonly used in the manufacture of methamphetamine: lithium or sodium metal or red phosphorus, iodine, or iodine crystals; lye, sulfuric acid, hydrochloric acid, or muriatic acid; an organic solvent, including ethyl ether, alcohol, or acetone; a petroleum distillate, including naphtha, paint thinner, or charcoal lighter fluid; or aquarium, rock, or table salt; or at least three of the following items: an item of equipment subject to regulation under Section 481.080, if the person is not a registrant; or glassware, a plastic or metal container, tubing, a hose, or other item specially designed, assembled, or adapted for use in the manufacture, processing, analyzing, storing, or concealing of methamphetamine.

Under Texas Health and Safety Code § 481.124(c), a substance is presumed to be anhydrous ammonia when it is in a container or receptacle that is designed and manufactured to lawfully hold or transport anhydrous ammonia or not designed and manufactured to lawfully hold or transport anhydrous ammonia, if a properly administered field test of the substance using a testing device or instrument designed and manufactured for that purpose produces a positive result for anhydrous ammonia or a laboratory test of a water solution of the substance produces a positive result for ammonia.

Methamphetamine Crimes Defenses in Texas

Many methamphetamine cases have to be thrown out because the evidence involved was obtained through an illegal search or seizure. When police violate your Fourth Amendment rights during a traffic stop or search of your home, it can dramatically impact the legality of any evidence authorities obtained.

Another common defense in these cases can relate to alleged “constructive possession” cases, in which methamphetamine is found in a place in which multiple people had access. An alleged offender could be able to prove that methamphetamine actually belonged to another person in these cases.

Methamphetamine Crimes Resources in Dallas County

Substance Abuse Trends in Texas: June 2017 — The Addiction Research Institute (ARI) focuses on issues related to substance use disorder prevalence, treatment, and long-term healthy functioning free from addictions. This June 2015 paper from the ARI states, “Since 2013, methamphetamine has been the drug most commonly reported by forensic laboratories, outranking both cocaine and cannabis.” It also pointedly notes that the Drug Enforcement Administration (DEA) claimed methamphetamine is the “#1 threat in the Dallas area.”

Texas | Crystal Meth Anonymous (CMA) — CMA is a nonprofit organization that identifies itself as “a fellowship of people who share their experience, strength and hope with each other, so they may solve their common problem and help others to recover from addiction to crystal meth.” On this website, you can find information about CMA, its literature, and meetings in the DFW area. The organization states that any two or more crystal meth addicts can form a CMA group when they come together for the purpose of recovery.

Find A Dallas County Defense Attorney for Methamphetamine Crimes Charges | Law Offices of Richard C. McConathy

If you or your loved one were arrested for an alleged methamphetamine crime in Dallas or another nearby community in Texas, our firm knows how to present aggressive legal defenses in methamphetamine cases.