Top East Elmhurst, NY Drug Possession Lawyers Near You

Drug Possession

Drug possession is the illegal possession of a controlled substance. Essentially, to be convicted of a drug possession charge, you knowingly must have a controlled substance in your possession or within your proximity, like storing it in your vehicle. Drug possession can also include having a device used for the consumption of a controlled substance. This is a criminal offense under both New York state law as well as federal law.

Types of Drug Possession Charges

Sometimes drug possession is referred to as actual possession or “constructive” possession, meaning that an individual knowingly has access to and control of a controlled substance but it is not on the person. Some common ways for constructive possession occur is when a person knowingly stores an illegal controlled substance in their car or at their home. Possessing a smaller quantity of a controlled substance for personal use is commonly known as “simple possession.“

What Is A Controlled Substance?

Federal law as well as state law determines the severity of drug possession charges based on the type of drug and divides them into different “schedules.” Each schedule is based on the potential for dependency and abuse. This sliding scale of schedules starts with Schedule V drugs, having the lowest risk, and increases in severity up to Schedule I, posing the most severe risk.

• Schedule I: Heroin, ecstasy, lysergic acid diethylamide (LSD), marijuana, peyote
• Schedule II: Methamphetamine, cocaine, morphine, methadone, phencyclidine (PCP), fentanyl
• Schedule III: Anabolic steroids, ketamine, barbiturates, testosterone, Tylenol with codeine
• Schedule IV: Valium, Xanax, Tramadol
• Schedule V: Other unlawfully obtained prescription drugs and cough medicines like Robitussin with codeine