Drug possession is a serious crime. People can face high fees and long prison sentences for possession of an illicit substance.
Not every drug possession sentence is the same. Certain factors can influence the severity of a drug possession case. Here is what you should know:
1. The schedule of the substance
To regulate drugs, the Controlled Substances Act categorizes substances into schedules. Schedules decide whether a drug can be purchased by consumers, prescribed by doctors or restricted from use. For comparison, a Schedule I drug can include peyote and a Schedule V drug can include cough drops. Possession of a higher-scheduled drug can lead to harsher criminal charges.
2. The quantity of the drug in possession
Alongside a drug’s schedule, the quantity of a substance can decide the severity of a criminal sentence. Large quantities of illegal drugs can lead to harsher punishments. Yet, possession of a small quantity of a high-scheduled drug can lead to extreme repercussions.
3. The intended use of the drug
Not everyone is in possession of an illicit drug for the same reasons. Some people possess illegal substances for recreational use. Others may have illegal drugs because they intend to sell or traffic them. The difference in drug use can decide the severity of a criminal punishment.
4. The suspect’s criminal record
The final sentence for drug possession can hinge on a suspect’s criminal record. First-time convictions are frequently softer than second or third convictions. A follow-up drug conviction can lead to harsh punishments.
If you have been charged with a drug offense, it’s important to gather as much legal information as possible.
