Overview
Drug Possession can be defined as having, owning, or holding any amount of drugs or controlled substances. These substances may include heroine, cocaine, marijuana, LSD and methamphetamines etc. The punishment for this crime may vary from fine to imprisonment. The crime definition can also be enhanced to include any accessory in making or distribution of these drugs.
It is considered as one of the most dangerous crimes in United States. It is also most widespread; with 20 - 30 % arrests include drug possession as an offence every year. The laws and penalties on drug possession vary from state to state, though all states consider it a criminal offence.
What is drug possession crime?
The crime of Drug Possession may be charged in two shapes;
>> simple drug possession ; if the amount of drugs is small.
>> drugs possession with the intent to distribute; if drug is in large quantity.
Which offence would be charged depends mainly on the following points
- Quantity of the drug
- Where the drug was stored
- Manner of storing the drug
- Any accessory to be used in making or distribution of drug
- Also checked is the amount of money with drug
Drug Possession Laws:
Federal and state drug possession laws are stringent in most cases. The aim of these laws is to reduce consumption and drug abuse, decrease drug related crimes, and severely punish repeat offenders and big time drug dealers. Schedules for controlled substances have been established by sates. These schedules provide the classification of drugs and drug possession penalties. Minimums amount of drugs for certain drug possession and other offenses have been enumerated in these laws.
A drug possession offence can be charged as;
- a disorderly conduct offense (in more minor cases
- a misdemeanor, or
- aony fel
In case of Felony, the defendant may have to face the prison time. Other sentences may include heavy fines, probation, community service, mandatory drug counseling programs, and more.
The laws for drug possession with intent to distribute are much severe than those for simple possession. The conviction also depends on the type of drug, the amount of the drug, and the defendant's past drug convictions. The more dangerous the drug, the harsher the penalty.
Penalties
Penalties for Drug Possession may vary between 1-3 years of prison time for first time offenders, and 3 - 12 years for repeat offenders. Drug Possession offenders are required to serve at least 85 percent of their sentence. The penalties are often twice as harsh if evidence suggests that the drugs were intended for sale to minors. Drug possession or distribution near a school, university, or daycare center may also result in severe penalties.
Need for Attorney
The first thing that serves best in a Drug Possession Offense is to get the services of an experienced Criminal Law Attorney, who is experienced in representing the persons who are accused of Drug Possession Offence.
Experienced Criminal Law Attorneys at Lawyer’s Area can help you to understand charges, to organize defense and to make crucial legal decisions. Early preparation can result into the drop of charges altogether or decrease imprisonment and other penalties