Criminal Laws for Methamphetamine Usage & Making
Methamphetamine, also known as meth, is a highly addictive drug that stimulates the central nervous system. Meth is a controlled substance in the United States. Its use, possession and manufacture is illegal other than under narrow prescription uses. Meth manufacturing labs pose a high risk of fire and explosion. States and communities have adopted additional laws to ban, find and safely clean up meth labs.
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Controlled Substances Act
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The federal Controlled Substances Act lists all drugs that are regulated in the United States, and places each in one of five schedules, or categories. A drug's placement in a specific schedule depends on its danger to human health and the environment, as well as whether it has any lawful medical uses. Methamphetamine is a Schedule II controlled substance, meaning that it has legitimate medical uses by prescription, but has high potential for illegal drug abuse. Possession or use of meth, or any other controlled substance, outside its narrow legal medical use, is a crime.
Sentencing Laws
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Federal sentencing laws for illegal use, possession or manufacture of controlled substances, including meth, are found in Section 2D of the U.S. Sentencing Commission Guidelines. Sentences for methamphetamine possession, use and manufacture are dependent on the quantities involved, which are set out in a drug table in the sentencing guidelines. These criminal sentencing laws contain significant enhancements, especially if any children were within range of any potential fire or explosion of the meth lab or if any injuries or deaths resulted from the lab's operation.
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Prescription Use
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Methamphetamine can be used by prescription for disorders including obesity and attention deficit hyperactivity disorder. By federal law, prescriptions for Schedule II controlled substances such as meth must be presented in signed, hard-copy prescriptions forms, not telephoned, faxed or emailed to the pharmacy. Presenting a forged prescription constitutes the crime of prescription fraud, and a pharmacist that fills a methamphetamine order without a proper written prescription can be charged with a violation of the Controlled Substances Act.
Remediation
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A 2007 federal statute calls for the development of standards for cleanup and remediation of methamphetamine manufacturing sites. Under the Methamphetamine Remediation Research Act, the Environmental Protection Agency is directed to help state and local law enforcement authorities, and land use and health officials, learn how to safely clean up former meth labs.
Cold Medicine Restrictions
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In 2005, Congress passed laws restricting sales of over-the-counter cold medications containing pseudoephedrine, a key ingredient in methamphetamine manufacturing. Most states followed, attaching criminal penalties to the purchase of more than a limited number of pseudoephedrine-containing pills within a particular time period. With no efficient technology for tracking pseudoephedrine purchases by individuals, enforcement of these laws has been virtually impossible. Methamphetamine manufacturers need merely go to several different stores or stores in different towns to purchase enough cold medication for their needs.
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