Possession of a Controlled Substance: The Penalties

What are Controlled Substances?

Controlled substances are referred to as drugs or other substances that the government chooses to regulate. The possession of drugs, such as; cocaine, heroin, methamphetamine, or other illegal drugs, excluding marijuana, could result in a felony of the third degree, punishable by prison time up to five years, and a fine as large as $5,000. Many individuals can legally possess controlled substances through a doctor’s and/or medical experts’ request and supervision therefore, being in possession of a controlled substance isn’t always a crime. Possession of most controlled substances becomes a crime when a person is not in legal possession of the drug or controlled substance they are carrying on their person or in their vehicle.

Possession vs distribution:

When being charged with possession of a controlled substance, it is possible to end up facing charges of intent to distribute, which is far more serious than simple possession. This can happen if the individual being charged with possession is carrying more than a personal amount of the controlled substance, is in possession of a large amount of cash, has items packaged or customer lists.

The Penalties:

The severity of a drug possession charge varies based on a number of factors which include; the type of drug and or drugs that were found, the circumstances around the case, and if the person has a criminal history or not. Some penalties include:

Fines: Fines can range from as low as $100 or less to larger fines of $100,000 or more.
Probation:Probation sentences can be given in drug possession cases and they often require the offender to be monitored by a probation officer to comply with specific terms. It is crucial that the convicted person regularly check in with their probation officer and follow all probation terms. Failure to do so can lead to a revoked probation, ordering the defendant to serve the jail or prison sentence.
Incarceration: Drug possession charges can be punishable by prison time up to five years, or more. It is important to remember that jail sentences vary on all the circumstances surrounding the offenders’ case.
Diversion Programs:These programs are often used in first-offender possession cases. Diversion programs are similar to probation however, the drug offender must successfully complete a counseling and behavior modification program. Once this requirement has been met, the prosecutor can agree to drop the drug charges.
Rehabilitation:The courts can also require the drug offender to enter a rehabilitation center, instead of a jail sentence.

Speak to an Attorney:

It is imperative that you speak with a criminal defense lawyer if you are facing a drug possession charge. Possession charges can become complicated involving varying legalities when the drug offender was found in possession of controlled substances. At Rivera Law, we are equipped to advise you of your rights as well as the potential consequences of the charges against you. While your potential penalties may not seem significant, a criminal record follows you and can hinder your ability to purchase a home or even get hired.