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What Happens If I’m Charged with the Possession of Methamphetamine?

Posted on : July 31, 2019, By:  Tom Kokonowski, Esq.

Being charged with the possession of methamphetamine can radically change your life in every aspect, including your career, your friendships, your romantic relationships, and where you live. If you’re facing jail time or thousands of dollars in fines because of a meth charge, it’s critical you bring a solid defense. Here’s what you need to know.

Federal Laws Penalizing Methamphetamine

Meth is illegal across the U.S. and if you’re caught with it, you could face a mandatory minimum sentence. This means that even the lightest possible sentence will meet a predetermined threshold regardless of the circumstances of your case. For example, if you’re charged with possessing five or more grams of meth, you face no less than five years in prison and possibly up to 40. If you’re charged with possessing fifty or more grams, your minimum sentence is ten years, with the possibility of a life sentence.

Massachussetts Laws Penalizing Methamphetamine

In Massachuetts, drug possession is penalized based on the class of the drug. Allegedly, the more dangerous a drug, the higher its class. Methamphetamine belongs to class B, along with cocaine, LSD, and oxycontin. For reference, heroin and GHB are class A drugs, and benzodiazepines like Valium are class C drugs. A first offense for possession of meth carries up to a year in jail and up to a $1,000 fine. For subsequent offenses, the sentence increases to up to two years in jail and up to a $2,000 fine. For each offense, you’ll also lose your license for one year.

How You Can Defend Against Possession Charges

Defending against charges of methamphetamine possession can be done several ways depending on the circumstances of your case. For example, you may be able to testify that:

  • You did not know that you were in possession of meth
  • You did not know that the substance you were in possession of was meth
  • The meth belonged to someone else
  • You had a valid medical prescription
  • The substance you were arrested for was not meth

If you were also charged with intent to sell methamphetamine, it’s even more important to take action. You may be able to testify that the drugs were only for personal use and not for sale.

When to Call a Massachusetts Drug Crimes Attorney

After being charged with the possession of methamphetamine in the Commonwealth of Massachusetts, you need a strong criminal defense. Call Thomas Kokonowski today for a consultation at 413-585-9200.