Possession of any kind of controlled substance, including (but not limited to) cocaine, heroin,, LSD, methamphetamine, ecstasy, and even marijuana, is illegal and will be considered as a criminal offense in a lot of the US cities and states. Moreover, it is also viewed as a civil crime.
You must remember that these laws differ in each administration. However, almost all of these drug laws are based on aspects such as the quantity of the drug found in one’s possession and the number of times the said individual has been guilty of the crime. If these aspects prove to be negative in favour of the guilty, then it can even cost him/her a lifetime in prison.
It’s not simply the dealers who will be punished on the off chance that they are captured. Possessing drugs for individual use could also get you a huge fine or time in jail as well. Thus it’s a smart thought to comprehend the laws encompassing medication orders, ownership and the intention to distribute and deliver those drugs.
If you want to learn more about this topic, then read on to find out all the answers to your questions.
Types of drug charges
You must remember that even a legal drug prescribed by a doctor can get illegal in the event that they are not utilized in the manner the doctor proposed. Drugs are separated and grouped into various classes on the basis of their addictive and harming properties. The impacts of drug violations can cost citizens significantly, accelerating the reason for the state to take some action. Not all drug charges are similar to each other and the conditions encompassing the situation will become possibly the most important factors when an individual is officially charged.
More severe drug charges mean that the government will be involved. While every state controls drug use and has its own laws relating to the issue, situations where a high number of drugs were included can be indicted by the national government. The punishments will be higher and the state may demand for a case to be taken care of by government authorities with the goal that the respondent acquires higher punishment. A case can go on for a long period of time and frustrate the lives of those included harshly. Some may even wind up in danger for a life sentence if the allegations are extremely severe.
If you are found possessing a controlled substance, it may not be thought of as a major crime in some states, however it can really cost you a significant expense. Charges that incorporate these drugs or having a high dosage can prompt a penalty of up to four years in prison and a fine of up to $25,000. A criminal record will likewise be given, which means regardless of whether an individual did or did not sell the drugs or disseminate them to other people. If you are caught, you may now have a criminal conviction that your future boss can enquire into. If you are caught with a drug, there are multiple things that are taken into consideration, e.g. what sort of drug the individual was found with and the amount of the drug they had. Harder drugs, for example, heroin or cocaine will be punished on a more severe and serious level than ownership of weed.
Being caught in crimes such as drug trafficking can lead to very harsh punishments. Drug trafficking includes dealing and distributing drugs. Therefore, drug trafficking laws ensure that it is illegal to sell, transport, and import unlawful controlled substances like pot and cocaine. As a lawful offense, drug trafficking/dealing and dissemination is a more severe wrongdoing than simply drug ownership since it generally includes the transportation of a lot of hard drugs. Notwithstanding, simply having a lot of illicit medication may lead to officials assuming that you wanted to sell the opiates, thus they may accuse you of trafficking. Whenever indicted for drug trafficking, the sentence can be somewhere between 3 years or a lifetime in jail.
Types of drug possession
Drug charges will be applied to you on the basis of how those drug possession cases are categorized. Drug possession can be defined in either one of the following cases:
- Schedule I: Schedule I drugs do not have any medical advantage and have a high possibility for abuse. These drugs include heroin, LSD, and marijuana. The US Drug Enforcement Administration (DEA) is right now thinking about whether to eliminate weed from this list because of the expanding proof of its clinical applications.
- Schedule II: These drugs have a large probability for abuse and addiction. They also have some accepted medical advantages. The examples of these drugs are cocaine, opium, and strictly controlled prescription drugs like morphine and oxycodone.
- Schedule III: These drugs have a lesser potential for misuse and may not be truly addictive while likewise having a more extensive scope of clinical application. These are drugs such as anabolic steroids, ketamine, Vicodin, and certain medicines containing codeine.
- Schedule IV: This class generally contains physician recommended prescription drugs that have a low potential for mishandle yet can turn out to be physically and mentally addictive whenever misused. They include Xanax, Klonopin, Valium, and Ativan.
- Schedule V: These are drugs that have a very low probability for misuse. The substances in this class are generally prescriptions that contain limited quantities of opiates like codeine.
Average sentence for drug possession
Drug ownership charges are dependent upon a staggeringly wide scope of punishments, contingent upon the state in which the crime takes place or if government charges are included. The seriousness of the punishment relies on various elements, for example, the particular kind of drug included, the conditions encompassing the ownership, and the criminal history of the individual having the medications. Punishments for possession of Schedule I drugs are the most harsh and Schedule V the least. The types of sentences for drug possession are:
- Fines: Most of the drug possession cases end up with the criminal paying a fine. The fines can range from small ones like $100 to more hefty ones like $100,000 or more.
- Incarceration: You may also have to serve some jail time if you are found in possession of a drug. These charges will typically depend on the crime charged, the type of drugs involved, and the state’s laws. Contingent on these factors, jail time can range from almost a few days or weeks to even 10 years or a lifetime in prison.
- Probation: Probation sentences are frequently given in drug ownership cases, and might be incorporated with different penalties, for example, prison time, fines, or rehab. A sentence of probation requires the indicted individual to consistently check in with a post trial agent and to consent to explicit terms such as not taking any more drugs. In the event that the person who is guilty neglects to consent to the probation terms, the court can renounce the probation period and ask the respondent to carry out the required prison or jail time.
- Diversion: Such programs are like probation and regularly utilized in cases where the person has committed the crime for the first time. With diversion, the prosecutor permits the guilty to go into a directing and conduct alteration program, which requires the guilty party to agree to explicit terms for a while, frequently a half year or more. When the individual finishes the diversion program, the examiner consents to drop the drug charges. On the off chance that the guilty party neglects to consent to the redirection terms, the investigator will seek after the drug charges.
- Rehabilitation: Numerous states permit courts to condemn the guilty party to a time spent in a rehabilitation and/or medical treatment program rather than a prison sentence. Going to recovery is likewise here and there required in probation sentences.
First-time possession charge
An individual accused of drug possession could have to deal with a punishment of up to 180 days in jail. Moreover, they may also have to pay a fine of up to $1,000. Based on the situation, the person’s driver’s license may even be suspended.
It might be better for a litigant to stay away from this first conviction. In addition to the fact that this would save them from a portion of these punishments, yet it would likewise save them from conceivably gaining a criminal record, a record that could tail them for quite a while, whether they apply for admission in a school, a job, or a place to live.
It isn’t generally conceivable to stay away from a conviction, yet there are a few different ways to attempt to do so. To begin with, it might be a better option to get a dismissal and not a guilty decision. There may have been no unlawful drug in possession, or it might have fallen under the clinical cannabis exemption. Another chance is, where the litigant can have the charges excused in the event that they meet certain conditions.
Now that you know all about drug possession and the punishment it has, you can always be careful to avoid any mistakes that may lead you to a nasty situation.