Drug Possession Penalties and Sentencing

There are serious penalties for drug possession charges, varying from state to state. Penalties for simple possession range from a fine of less than $100 to several years in federal prison for federal drug possession. Simple drug possession sentences tend to be the lightest. Possession with intent to distribute drugs usually has much heavier penalties.

Drug possession penalties can be different based on state and federal laws. If you are facing criminal charges for possession of a controlled substance, talk to an experienced criminal defense attorney about your legal rights.

What Are Federal and State Drug Possession Penalties?

Under the Controlled Substances Act (CSA), drug classification is based on the potential for harm or addiction and medical use. Schedule I drugs include illegal drugs like ecstasy, heroin, and marijuana. Schedule II drugs include narcotics like fentanyl, oxycodone, and methamphetamines.

Federal lawmakers enacted mandatory minimum sentencing guidelines for many drug crimes in 1986. However, tough drug laws also affect lower-level drug defendants. Most states have adopted a similar approach to drug sentencing. These fixed sentences can depend on the type of drug, the weight of the drug, and the number of prior convictions.

Some states are taking different approaches to first-offense drug crimes. Instead of treating drug possession like a crime, it is treated more like a substance abuse problem. Several states make simple drug possession an infraction instead of a criminal offense. Other states are still very tough on anyone caught in possession of any amount of drugs.

The amount of drugs can make the difference between a charge for simple possession and possession with the intent to distribute. For example, a few ounces of marijuana may be possession for personal use. Prosecutors may charge possession of a few ounces of LSD or fentanyl as possession with intent to sell or federal drug trafficking.

Special Drug Courts

Many states have special drug courts that aim to rehabilitate defendants instead of taking drug cases to trial and handing down lengthy sentences. These defendants are often repeat drug offenders with drug problems. Judges have a lot of control over the operation of drug courts. A drug defendant who agrees to drug court may spend up to a year or more attending treatment sessions.

Defendants in drug court programs may have to undergo random drug tests and appear before a drug court judge regularly. If you fail to appear in court or fail drug tests, you can face arrest, sentencing, and jail time.

What Other Factors Influence Drug Possession Penalties?

Other factors can determine drug possession penalties and felony drug offense sentencing. Courts can look to aggravating or mitigating factors to increase or reduce penalties. Factors include a defendant’s record and the amount and type of drug involved.

For example, many states increase the penalties for drug convictions if they occur within 1,000 feet of a school. Alternatively, prosecutors may offer plea deals to defendants who cooperate to go after bigger drug dealers.

State Drug Possession Laws

The federal government has wide latitude to enforce drug laws. Generally, the Drug Enforcement Administration (DEA) focuses on drug trafficking and larger drug operations.

Offenses for possession of drugs are largely handled by the states. Sentencing can vary widely by state laws, including differing lengths in prison for second offenses and subsequent offenses. For example, in Texas, it’s a felony that can lead to six months to two years in prison for possessing less than one gram of cocaine. In New York, possession of eight or more ounces of a narcotic drug can mean a prison sentence of eight to 20 years.

Depending on a state’s sentencing rules, judges may also have a certain degree of discretion. Judges can impose sentences ranging from community service to lengthy prison sentences.

Is Possession of Marijuana a Crime?

Marijuana possession laws have changed a lot in recent years. Many states have legalized medical marijuana, and others have legal recreational pot.

In states that have legalized marijuana, there are still restrictions. Marijuana possession may still be illegal depending on the amount of marijuana involved, evidence of sales, or cultivation.

How Can a Drug Crime Defense Lawyer Help?

If you are facing drug possession charges, the penalties can range from an infraction to a misdemeanor to a felony. Your criminal defense lawyer may be able to negotiate a plea deal to reduce the penalties. Your lawyer could also help you get into a drug diversion program to avoid a criminal record.