Posession With Intent to Distribute Methamphetamines-Houston Criminal Attorney

Methamphetamine (also known as “crystal meth”) is a significant drug threat in Texas and throughout the USA. High purity, low cost methamphetamine has become readily available and widely abused, particularly in rural areas. Over the last two decades meth use has increased dramatically, resulting in what is now referred to as a “meth epidemic.”
Although meth produced in Mexico is still predominant in Texas, methamphetamine production is increasing despite the number of illegal labs seized by law enforcement officials. Both criminal groups and independent  laboratory operators produce methamphetamine in ounce quantities using the Birch reduction method. Street and prison gangs also distribute wholesale quantities of the drug.
The ready availability of precursor chemicals and reagents used in methamphetamine production contribute to the threat posed by methamphetamine. Laboratory operators in the state commonly extract ephedrine or pseudoephedrine from over-the-counter medications and purchase other chemicals such as iodine, lithium, and ether from businesses that distribute these products for legitimate purposes. Methamphetamine producers in Texas also obtain large quantities of precursor and essential chemicals in Mexico. They typically smuggle these chemicals through the Texas POEs in private vehicles. They also smuggle or transport chemicals into Texas by bus, train, commercial and private aircraft, package delivery services, and couriers on foot. Methamphetamine producers in the state also steal anhydrous ammonia, a common farm fertilizer, from farm supply stores and farmers' fields.

 While methamphetamine may be used legally when obtained with a prescription, it is otherwise considered a “controlled substance” whose possession, sale, or manufacture is against the law (21 U.S.C. § 844(a)). Meth is a particularly dangerous drug, causing many health and safety problems in those who use or manufacture it. In response to this threat both State and Federal laws have been passed carrying increasingly severe penalties for persons convicted of offenses involving illegal possession, sale, or manufacture of methamphetamines.

Federal courts have deemed methamphetamine a schedule II drug along with PCP and cocaine; penalties for possession of  five to 49 grams of pure meth or 50 to 499 grams of methamphetamine mixture include prison sentences between five and 40 years for the first offense, and a minimum of 20 years to life in prison if death or serious bodily injury is involved. In addition, fines of up to $25 million may be imposed.
If you are convicted of a second federal meth offense you face between 10 years and life imprisonment. If death or serious bodily injury occurs during your crime, you are sentenced to life imprisonment. Fines go up to $50 million.
Through the Texas Controlled Substances Act (TCSA), the Texas Legislature has also criminalized the possession of a variety of materials associated with the possession, distribution and manufacturing of methamphetamine. While punishments under the TCSA vary according to the type and amount of materials associated with methamphetamine possessed, almost all punishments involve more than one year of imprisonment.

Texas assigns methamphetamine to penalty group 1. The punishment for mere possession of methamphetamine varies according to the aggregate weight;

•  Possession of less than 1 gram is punishable by between 180 days and two years of imprisonment. 
•  1 - 4 grams is punishable by between two to 10 years
•  4 - 200 grams is punishable by two to 20 years of imprisonment
• 200 - 400 grams is punishable by five to 99 years of imprisonment
• 400+ grams carries a punishment of between 10 and 99 years of imprisonment.

There are increased penalties for the possession with the intent to manufacture or distribute methamphetamine. Under the manufacture or delivery statute, possession of between 1 and 4 grams is punishable by between two to 20 years of imprisonment; 4 - 200 grams carries five - 99 years of imprisonment, 200 - 400 grams carries 10 - 99 years imprisonment and a fine of up to $100,000, while the possession of over 400 grams is punishable by between 15 and 99 years of imprisonment and a fine of up to $250,000.

In addition, the TCSA criminalizes the possession of large quantities of chemicals used in the production of methamphetamine, such as anhydrous ammonia and pseudoephedrine. Specifically, a Texas resident may not possess:

• More than 300 tablets containing ephedrine or pseudoephedrine, 
• Lithium metal removed from a battery and immersed in mineral spirits or kerosene, 
• Any three of the following five categories of substances used in the production of methamphetamine: lithium, sulfuric acid, organic solvents, petroleum distillates and salt. 

The possession of precursor materials for the production of methamphetamine carries a punishment of imprisonment of between two and 20 years.

Texas also criminalizes the possession of methamphetamine paraphernalia such as needles, bottle caps or hollowed-out pens. If a person possesses methamphetamine paraphernalia for her own use, the maximum punishment is a $500 fine. If a person intends to deliver methamphetamine paraphernalia for the use of others, the maximum punishment is between 90 days and one year of imprisonment. Delivering methamphetamine paraphernalia to a juvenile carries a penalty of between 180 days and two years imprisonment.

If you are facing serious drug trafficking charges, you need an attorney who is proficient in federal drug law. Trust our experience: contact Richard Kuniansky right away at drug-trafficking-attorney.com or call (713) 622-8333 for a free consultation.