Crystal Meth – Laws Prohibiting Methamphetamine for Sale and Its Conception

Crystal Meth – Laws Prohibiting Methamphetamine for Sale and Its Conception:

Possession of Methamphetamine for sale is a very serious offense in California. Unlike simple possession for private use, an individual charged with possession for sale will not be authorized to receive statutorily mandated treatment or drug rehabilitation. However, in order for the prosecution to prove the actual crime of possession of Methamphetamine for sale, the state prosecutor must prove that the defendant actually possessed Methamphetamine, that the defendant knew…to a reasonable degree…that he possessed Methamphetamine, and that he intended to sell the Methamphetamine in either public or private premises. This can be tricky for a prosecutor, but there are three ways that a prosecutor can overcome these hurdles to get a Methamphetamine for sale conviction.

First, the prosecuting attorney will try to convince the jury or judge that there is some other intent behind the act of making Methamphetamine available on the street. To do this, the prosecutor will point out the severe penalties associated with each class of methamphetamines, such as mandatory minimum sentences, substantial fines, and even life imprisonment. This Crystal Meth intended to make the defendant feel like his or her choices are solely limited by the penalties now attached to each of the classes. The problem with this strategy is that it ignores the fact that the laws against methamphetamine were intended to be used as an effective sentence for any sentencing situation.

Crystal Meth

Second, the prosecuting attorney might also try to persuade the jurors or judge that the defendant should not be convicted of the entire offense but merely be convicted of a part. This is not an appropriate approach because a “part” sentence under the laws of California generally means a sentence of less than the maximum statutory sentence. Thus, for example, a person who is facing methamphetamine charges in California might be able to avoid prison by pleading guilty to a count of possession instead of trafficking. On the other hand, if he or she had been trafficking methamphetamine, he or she would have faced a maximum sentence. And, in any case, a “part” sentence will not result in a reduced sentence, even if the sentence is shorter than the maximum.

Third, the prosecuting attorney may try to persuade the jurors or judge that a methamphetamine for sale case does not involve the dangerous characteristics of drug addiction. To do this, he or she will argue that a sale of a controlled substance does not require the consumption of the drug. Thus, if the police come to suspect a defendant of selling methamphetamine on the streets, they can investigate only the suspect’s place of employment, residence, or any other location where there have been recent purchases of drugs. If the police find the evidence to support the suspicion, then a warrant for his or her arrest will be issued. If the defendant does not show up for his or her court date, then the warrant will be executed.

Laws Prohibiting Methamphetamine for Sale and Its Conception

Fourth, some jurisdictions recognize a “distribution” exception to the rule against methamphetamine for sale. In these states, it is sometimes possible to reduce the penalties for a first-time sale of the drug to either include possession of a small amount or eliminate the requirement that a defendant personally used the substance. However, if the quantity sold is over a very large amount, the maximum sentence is usually increased. Similarly, in California, if the amount of methamphetamine sold is within the presence of a child, the offense is charged as a felony and the penalties are more severe.

Fifth, some jurisdictions allow for the defense that a defendant did not know what he was purchasing when he received the methamphetamine “knickoff.” This argument is based on the fact that the drug content in the substance is difficult to measure. Instead, the intent to distribute is expressed by a specific intent or idea. If the substance was manufactured by a regulated manufacturer, then the drug is within the statutes’ intent or ideas. If the substance sold by a user has an obvious purpose such as getting high, then the intent to distribute is considered less severe.

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