Possession and Dealing in Methamphetamine
No matter how you have become familiar with the term “meth,” it’s hard to argue against the growing exposure of our culture to it. For anyone that has gone to the drug store to purchase Sudafed, an over the counter cold medicine often used to make meth, often times you are met with stringent purchasing requirements and often times strict scrutiny by the pharmacist. Why? Because methamphetamine use and abuse is on the rise. As a direct result, arrests revolving around it have skyrocketed.
As such, as defense attorneys, we have seen a large uptick in calls and clients coming in to discuss their arrests for both possession and dealing in methamphetamine. Many blame the increase in meth-related arrests on the ease at which it can be made, the cheapness of which it can be produced, and the profit that dealers can make from selling it. Whatever the reason, we figured now was a ripe time to examine meth and how it relates to the laws here in Indiana. In this blog the Indianapolis Criminal Defense Attorneys at Banks & Brower take a look at possession and dealing of Meth.
POSSESSION OF METHAMPHETAMINE:
IC 35-48-4-6.1 encapsulates the newly drafted legislation (as of 7/1/2014) on possession of methamphetamine. It states that anyone, whom does not have a valid prescription therefore, who knowingly or intentionally possesses meth (whether pure or impure) can be found guilty of a Level 6 felony. A Level 6 felony carries a minimum sentence of 180 days and a maximum penalty of 2.5 years.
However, the offense can be increased to a Level 5 felony (1-6 year penalty) if that person possesses at least three (3) grams but less than ten (10) grams, or they have less than three (3) grams an enhancement applies. Furthermore, the offense can be increased to a Level 4 felony (2-12 year penalty) if they possess at least ten (10) grams but less than twenty-eight (28) grams, or they have between three (3) and ten (10) grams and an enhancement applies. Finally, the offense can be filed as a Level 3 felony (3-15 year penalty) if the person possesses more than twenty-eight (28) grams, or has between ten (10) and twenty-eight (28) grams and an enhancement applies.
Most enhancements involving possessing meth deal with possession with children present, possession in a school, park, youth center, or housing complex.
DEALING IN METHAMPHETAMINE:
IC 35-48-4-1.1 defines the newly drafted legislation (as of 7/1/2014) on dealing in methamphetamine. That statute legislates that anyone who knowingly or intentionally manufactures, finance the manufacture of, delivers, and/or finances the delivery of meth, OR possesses with intent to do any of those things, commits dealing in meth, a Level 5 felony (penalty of 1-6 years).
However, the offense can be raised to a Level 4 felony (2-12 year penalty) if that person possesses at least three (3) grams but less than ten (10) grams, or they have less than three (3) grams an enhancement applies. Next, the offense can be made for severe and raised to a Level 3 felony (3-16 year penalty) if they possess at least ten (10) grams but less than twenty-eight (28) grams, or they have between three (3) and ten (10) grams and an enhancement applies. Lastly, the offense can be heightened to a Level 2 felony (10-30 year penalty) if the person possesses more than twenty-eight (28) grams, or has between ten (10) and twenty-eight (28) grams and an enhancement applies.
Most enhancements for dealing in meth involve dealing to children or with them present, dealing in a school, park, youth center, or housing complex.
CONCLUSION:
With the increased availability of common household items used in the manufacture of meth and with the lowered cost to produce meth as compared to the high profit margin it can bring, it’s hard to imagine that meth use and the arrests associated therewith will decline. Quite the opposite is true. Therefore, if you or a loved one are facing a criminal arrest for possession or dealing in methamphetamine, give the experienced Indianapolis Criminal Defense Attorneys at Banks & Brower, LLC, a call today. We are available 24/7/365 at info@banksbrower.com or by phone at 317.870.0019.
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