For nearly a century, if not longer, the
Drug possession laws and policy typically reflects the zeitgeist of a society. Possession of certain drugs garner harsher penalties than possession of other illegal drugs due to the bubble of violence and peripheral illegal activities associated with the particular illegal drug or narcotic. Simple possession of one specific drug is penalized with a small fine while possession of another illegal drug may mandate automatic incarceration.
Possession of illegal drugs is a crime with severe penalties in both the state and federal level. The severity of drug possession penalties depends on various factors including quantity, type of drug, intent, age of the offender, and location of the crime, among other factors. For example, simple possession of an ounce of marijuana discovered in your car is a misdemeanor and will not have as severe a penalty as felony possession of five pounds of cocaine with intent to distribute near a public school. Penalties are proportionate to the crime and related mitigating factors.
If you are facing a drug related charge, consult with a criminal defense attorney to discuss your case. |
In the
Factors involved in classifying certain drugs as illegal include:
The most common drugs found on the street are:
These drugs amount to a majority of drug possession cases in
the
GHB, Ketamine, and Rohypnol are notorious "date rape" drugs. All three have slightly hallucinogenic and amnesia-like qualities when taken in large doses. With the recent tide of date rape drugs in the market, penalties for possession of date rape drugs has been amended to reflect the dangers of these illegal drugs.
If you are facing a drug related charge, consult with a criminal defense attorney to discuss your case. |
A misdemeanor is a lesser crime not with penalties not as severe as felony crimes. Every state has different drug possession penalties proportionate to the crime. The penalties for misdemeanor drug possession may result in a small fine, court mandated drug counseling, community service, and probation, depending various factors. An example of a misdemeanor drug possession charge occurs when someone is caught with less than 20 oz. of marijuana in his or her possession.
A recent trend in legislation involves stiffer penalties for selling, possession, and distribution within the vicinity of day care centers and public schools, whether the case involves a misdemeanor or felony conviction. What might have seemed like a misdemeanor drug possession can be enhanced to a felony drug possession charge if the location of the crime was committed in or near one of those areas.
Felony drug possession charges are far more serious with oftentimes very severe penalties included that are mandated by law. Felony possession cases typically involve other charges like intent to distribute or the person charged had a large amount of the illegal substance on his person or care. Someone convicted of felony drug possession may face a lengthy prison sentence as well as large fines, probation, community service, and mandatory drug counseling programs.
Multiple drug possession offenders are likely to receive longer prison sentences and larger fines. While the typical felony drug possession sentence may be one-to-three years in prison, a multiple offender may receive a prison sentence ranging from five-to-ten years for a second offense and ten-to-twenty-five years or more for a third conviction.
If you are facing a drug related charge, consult with a criminal defense attorney to discuss your case. |