Q: Is it illegal to possess Meth without a prescription to use and sell?
Is it also illegal to threaten bodily harm to family? This user has been a methhead for decades including while they were in prison for a violent offense. They are discreet and meth leaves the body relatively quickly, how do you prove threats and use/intent to sell to a probationary officer? They’re currently living with family they are threatening for even suggesting they get clean/stop use.
A:
Your question appears in the California section of Criminal Law and you should post again in the proper forum.
First, Meth is not a prescription medication. It's illegal to be in possession, under the influence, buy, sell or manufacture Meth in all 50 states. Selling and manufacturing are charged as felonies with significant jail time imposed.
Regarding the threats, California has a Criminal Threats statute (Penal Code 422) which is "wobbler" meaning it can be charged as misdemeanor or as Felony (latter up to 3 years in jail).
We can't give legal advice but if you or the family being threatened feel like you are in danger of imminent harm or if you see Meth sales or buys going down, you can call the police to report the crime or as a "welfare check" Meth doesn't leave a person's system as quickly as you seem to think . Perhaps seek a Civil Harassment Restraining Order but those are usually ineffective or start an eviction action.
Good luck.
A: POSSESSION OF METH IS A CRIME.............IT DOESN'T EVEN HAVE TO BE ON YOUR PERSON......IT COULD BE IN A CAR YOU OWN OR ARE DRIVING.
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