Illegal drug possession can lead to serious criminal charges. Every criminal case is unique, however. A defendant’s penalties for drug possession may be different depending on a few factors. The three factors that can influence the severity of a drug possession case can include:
- Drug schedule
- Drug quantity
- Use of substance
To understand the severity of your case and how it may be affected by these factors, it can help to learn about what each of these means. Here are the basics:
1. The Controlled Substance Act sets the tone
To help regulate the use and distribution of substances, the Controlled Substance Act (CSA) classified drugs under schedules. There are a total of five different drug schedules.
Drugs that can be bought in stores or prescribed by doctors are typically categorized as Schedule III, IV or V substances. Substances under these three schedules have the lowest regulations because of their mild potential for abuse. People who take Schedule III, IV and V substances typically do not experience any form of dependence.
Schedule II drugs have the highest amount of regulations, and Schedule I substances have no known medical uses. These drugs have the highest potential for abuse.
Possession of Schedule III, IV or V substances often leads to lesser charges. Possession of Schedule I or II substances can carry the harshest penalties in a drug possession case.
2. The amount of a drug in your possession influences the charges
A criminal charge for drug possession could be influenced by the amount of drugs a person had on them. A small quantity of drugs may lead to fewer crimes. However, possessing even a small amount of a high-scheduled substance can lead to harsh punishments. Possession of large quantities of any substance could be related to drug trafficking, which could lead to federal charges.
3. How a drug was being used factors into the charges
Drugs may be illegally possessed for recreational use, distributed or manufactured. A defendant could face harsher punishments if they were manufacturing or distributing substances than if they were using a drug recreationally. Punishment for distributing drugs could also be influenced by whether the act was done on school grounds or the drugs were sold to a minor.
Legal guidance can help people explore their defense options when facing drug possession charges.
