Legal Question in Criminal Law in Alabama

What constitutes a meth lab?

I am an average citizen. I do not violate our national drug policy. However, after extreme measures by our local sheriff to bust ''meth labs'' I began to fear more than his use of drug abusing informants.

On his website and through additional means I have discovered I am in possesion of all the needed ingredients. Of course, I do not have the INTENT to make it, but like many others have different uses for each product. I store each needed product in a seperate location in my home and detached garage. I've even took the percaution of storing different drain chemicals in different bathrooms. The fertilizer and lantern fuels are in my garage in appropiate locales. The sudephed I keep in my bedside drawn as to keep it seperated in a different room from the drain openers. My question is what stops the sheriff from coming in my house under ''reasonable cause'' (or the like) and taking all these products WHICH ARE PERFECTLY LEGAL I MIGHT ADD and stacking them side by side in the front yard, take some pictures of the ''meth lab'' he discovered and charging me with ''Manufactoring'' or

''Conspiracy?'' I know this may seem an odd question but this ''war'' on drugs & ''terrorism'' has stripped away or altered so many of our protections I need counsel.


Asked on 6/11/09, 1:45 am

2 Answers from Attorneys
Mari Morrison Mari Morrison

Re: What constitutes a meth lab?

Strange you should ask but a very valid question. A meth lab usually would be determined by the circumstances and relevant behavior. Especially if it is reported by a snitch that you are making meth. If they are in the trunk of your car or if you are buying a large quantity of the "precursers" necessary to make the drug is usually what triggers a search and charges. If they are kept in their proper containers and stored properly, you should have no problems.

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Answered on 6/11/09, 7:50 am
William Pfeifer Pfeifer LLC

Re: What constitutes a meth lab?

You have identified a frighteningly real problem in the current "war on drugs." People can and do get arrested for manufacturing charges for possessing items which, by themselves, are completely legal. I recently heard of a case where a guy was arrested for manufacturing meth for possessing coffee filters, a turkey baster, aluminum foil, and some old pickle jars. Sometimes when you hear someone has been arrested for having a "rolling meth lab" in the trunk of their car, all it really means is they bought the wrong combination of groceries at Wal-Mart and got stopped on the way home.

If you are not manufacturing and there is no reason why anyone would suspect or accuse you of manufacturing, then the odds are that you will never have a problem. However, all it takes is one overzealous drug cop to throw your life into chaos.

If you need all of these items for legitimate purposes, I would encourage you to keep them separate and never put them into any setting where one could suspect an improper use. It sounds like you have already done that, but make sure to exercise extreme caution. Also, avoid possessing large quantities of any of the items that have concerned you. If you buy a small box of pseudophed once or twice a year you won't draw attention, but if you are buying it on a regular basis or in large quantities then you are going to become a suspect.

If a situation develops where you need our services, please feel free to give me a call.

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Answered on 6/11/09, 12:01 pm


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