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How Are Drug Possession Penalties Determined?

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By Tyrrell Sampson
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Drug possession penalties are determined by a number of factors. Some of these include whether the drug was a controlled substance, the amount of the drug and the person’s previous criminal history.

The severity of a person’s charges is also dependent on the drug involved, the amount and whether there was an intent to sell or distribute. People who have large amounts of drugs or have been caught manufacturing or distributing drugs face much more serious charges than those with small amounts.

Simple Possession of a Controlled Substance

Those who are charged with drug possession can expect to spend a significant amount of time in jail and pay hefty fines. In some cases, they may even be required to undergo treatment in a drug treatment program.

If you have been accused of a drug possession offense, it is important to know how the prosecution will prove that you committed the crime. A skilled attorney will be able to review the evidence and help you determine what legal defenses can be used in your case.

Simple Possession of a Drug

There are many ways that people can be accused of drug possession, including if the police discover an illegal substance while on duty or if a vehicle is searched. The first type of charge is known as “simple possession.” This is usually a misdemeanor. It can involve the possession of a small amount of a drug such as marijuana or weed.

This is a charge that can result in a fine of up to $500 and a year in jail if the amount of the drug is less than 20 grams. If the amount is more than 200 grams, it is a felony punishable by a fine of up to $2,500 and jail time of up to five years.

The second type of charge is called “possession with intent to distribute.” This is a much more serious drug charge that involves the possession of a large amount of drugs, intended for sale or distribution.

If you are facing drug possession charges, it is important to contact a qualified lawyer as soon as possible. A qualified lawyer will be able to provide you with the best chance of having your charges reduced or dropped completely and avoid a prison sentence.

Controlled Substances

There are many different types of drugs, each categorized into one of five “schedules” based on their addictive nature and potential for abuse. Schedule I drugs are the most dangerous and can have a high risk of addiction, while Schedule IV and V drugs are more low-risk substances that can be used for medical purposes.

Some states have established drug courts, programs overseen by judges to rehabilitate felony drug offenders instead of taking their case to trial. Those who agree to participate in drug court attend treatment sessions and have to complete random drug tests while appearing before the judge on a regular basis.

The consequences of a conviction for drug possession can be severe, affecting a person’s ability to find employment and housing. They can also lead to higher insurance rates and other negative effects on their lives.

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