Consequences of Drug Possession Charges and Types of Drug Schedules

Under the Federal drug act in the United States, the government is mandated in regulating controlled substances. They have separated various substances into five schedules that have their own perceived potential for abuse, medical use, and safety. Drug possession charges can have lenient penalties but it can lead to a felony depending on various factors.

Drug possession charges entirely change if the possession intent to deliver is presented as an aggravating factor. This includes the type of drugs. Drugs included in Schedule 1 have the highest potential to get abused. Schedule 1 drugs have no medical utilization which means it has no legal use and only used for drug abuse. These are considered dangerous drugs, but the federal mandate still includes marijuana as a Schedule 1 drug, alongside heroin, LSD, and ecstasy.

Schedule II drugs still represent a high level of abuse, but they’re considered to possess a more accepted medical value within the country. These include drugs like methamphetamines, codeine, fentanyl, morphine, OxyContin, and Percocet.

Schedule III drugs have a currently accepted medical use within the US but still have a possibility of getting abused or safety concerns compared to the other first two schedules. These substances include depressants which can lead to a slow brain function and suppressants. Some of those drugs are depressants just like ketamine, anabolic steroids, and other appetite suppressants.

Schedule IV drugs are classified as having a lesser potential for abuse or dependence, including commonly prescription drugs like Xanax, Valium, Ambien, and Ativan.

Schedule V drugs have the lowest potential for abuse than Schedule IV drugs. It also has a lower quantity of certain narcotics, like prescription cough medicine.

Simple Possession

Simple possession of a drug generally involves a little amount of medicine that was intended for private use, instead of being purchasable for a different person. Possession is often proven through possession, like having the drug in your pocket, or by simple possession. You’ll be considered to be in possession of a controlled substance if you knew or should have known about the drugs, and that they are found within the location that is under your control.

The drug distribution of smaller amounts of the marijuana substance can be charged with simple possession. Whether someone is charged with federal drug possession or the more serious charge of federal drug trafficking offense will usually depend on the number of substances involved. A bigger quantity of the illicit substances can lead to the prosecutor’s presumption that there is trafficking involved. Nonetheless, the quantity is still dependent on the individual kind of drug that is included in the case.

Federal Drug Possession Penalties

Federal drug possession charges are often offenses that have harsher sentences, long jail times, and heavier penalties when compared to state possession charges. Simple possession may result in up to a year imprisonment, with fines of $1,000 or more. A second possession conviction may result in up to two years in federal prison, and fines of $2,500 or more. Any subsequent conviction can mean a minimum of 90 days during a federal facility, with up to three years behind bars, and fines of $5,000 or more.

A federal drug conviction can cause forfeiture of property involved, like a vehicle. Federal drug convictions can also end in future penalties, including becoming ineligible to have a firearm, and therefore the denial of federal benefits, including student loans and scholarships.

Marijuana Possession

Even though almost half the states have decriminalized medical marijuana possession, and a variety of states are even adopting recreational marijuana policies, marijuana remains to be considered a Schedule I drug under federal law.

Defenses to Drug Possession Charges

There are a variety of obtainable legal defenses when someone is charged with federal drug possession charges. Possible defenses include violation of Fourth Amendment search and seizure protections, showing the defendant wasn’t in possession of the drugs, or that the drugs belonged to somebody else. The precise defenses available will depend upon the facts and circumstances within the individual case. A federal drug possession defense lawyer is always ready in determining the simplest and available defense strategies for your case.

There are mandatory minimum sentences when it comes to drug possession charges but federal drug offenses are the most serious ones. With an experienced team of federal criminal defense lawyers on your side, you will not need to face these charges alone.