If you are arrested or accused of possessing illegal substances, your whole life could change. It may be important to understand what could happen if you are charged with drug possession.
Here is what you should know about drug possession charges:
How are drug possession charges determined?
Several factors can influence a drug possession charge. A court may review these factors before deciding on a final charge. These factors can include:
- The type of drug
- The quantity of a drug
- The use of a drug
- A criminal history
Drugs are categorized into schedules under the Controlled Substance Act (CSA). These schedules manage the distribution, manufacture and use of substances. Drugs that have a higher addiction and abuse rate often have stronger restrictions and harsher criminal punishments. There are five schedules in total, which can include the following substances:
- Schedule V: Cough medicine and antidiarrheals
- Schedule IV: Xanax, Valium and Ambien
- Schedule III: Steroids, ketamine and testosterone
- Schedule II: Cocaine, methadone and fentanyl
- Schedule I: LSD, heroin and peyote
Illegal possession of a large quantity of any substance could be tied to trafficking, which can lead to harsher charges. However, because of the severity of Schedule I and II substances, even a small amount could lead to severe punishments.
A court may also consider what a defendant intended to do with an illegal drug. Recreational use of a substance may lead to lesser punishments than if the defendant was distributing the drug. However, selling an illegal substance on school grounds or to a minor may lead to severe charges.
First-time drug possession offenders may face standard criminal charges. People who have a criminal record for drug possession could face harsher punishments.
What are the long-term consequences of a drug possession charge?
A drug possession charge will often lead to fines, incarceration and a criminal history. The defendant may also face long-term consequences because of a criminal charge. A defendant may face scrutiny when applying for jobs, loans, education or housing.
Can you defend yourself from serious criminal charges?
Yes. It is possible to create a defense against drug possession charges. Some common defenses can include the use of police force or arguing that the drugs belong to someone else. Legal guidance can help you determine the right direction to go with your defense.