OPERATION OF METHAMPHETAMINE LABORATORY
 18 P
a.C.S § 7508.2
OPERATION OF METHAMPHETAMINE LABORATORY
18 P
a.C.S § 7508.2
Section 7508.2 Defined

 

A person commits the offense of operating a methamphetamine laboratory in Pennsylvania if the person knowingly causes a chemical reaction involving ephedrine, pseudoephedrine or phenylpropanolamine, or any other precursor or reagent substance under section 13.1 of the Drug Act for the purpose of manufacturing methamphetamine or preparing a precursor or reagent substance for the manufacture of methamphetamine.

 

Analyzing the Elements of Operating a Meth Lab in PA

 

Here, the Commonwealth must prove beyond a reasonable doubt that a person: (1) knowingly caused a chemical reaction with a meth precursor (an ingredient of the drug such as pseudoephedrine); and (2) the acted with the intent to make meth or an ingredient used to make methamphetamine.

 

Defending Meth Lab Cases

 

Defending this charge, like any criminal case, is fact specific and stats with challenging the elements. Here, it is necessary for the Commonwealth to prove that the accused knew about the meth lab and acted with the intent to manufacture. Thus, an accused merely having a “meth lab” on their property isn’t enough evidence to support a conviction of this crime.

 

In most cases when this offense is charged there is ample evidence to support the charge. Accordingly, it is important to timely file suppression motions challenging the constitutionality of the stop, search, and/or arrest.

 

Grading & Sentencing of PA Meth Lab Cases

 

This offense is graded as a felony of the second degree. The maximum penalties are ten (10) years incarceration and a $25,000 fine.

 

The offense gravity score (OGS) of this crime is 8. Thus, even if the offender has a prior record score of zero (0), the standard range sentence for this offense it 9-16 months incarceration.

 

If the meth lab is within 1,000 feet of a school, college, or daycare center, or 250 of a recreational center or playground, the offense is graded as a felony of the first degree and the maximum penalties are twenty (20) years incarceration and a $25,000 fine.

 

When these facts are legally established, the offense has an offense gravity score (OGS) of 9. In these cases, the lowest standard range sentence is 12-24 months. Accordingly, the offender would more likely than not receive a sentence of state incarceration (unless the court applied a mitigated range sentence).

 

Cleanup of Clandestine Laboratories – 18 Pa.C.S. § 1110 18c7509s

 

Moreover, anyone convicted of this offense is responsible for the cost of containing and cleaning-up the meth lab.

Therefore, the restitution costs in these cases can be extraordinarily expensive. 

Free Consultation

If you or someone you love is being prosecuted for Operating a Meth Lab in Pennsylvania please call Lampman Law, these cases are challenging but we can help. 

2 Public Square, Wilkes-Barre, PA 18701

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Lampman Law practices criminal defense and civil rights in the Counties of: Bradford, Carbon, Clinton, Columbia, Lackawanna, Lehigh, Luzerne, Lycoming, Mifflin, Monroe, Montour, Northampton, Northumberland, Pike, Schuylkill, Snyder, Sullivan, Susquehanna, Union, Wayne, Wyoming. Lampman Law Office is located in Wilkes-Barre, Luzerne County, Pennsylvania.

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