Drug Possession Overview

The possession of an illegal controlled substance is a crime. Drug possession laws also make it illegal to be in possession of the chemicals used to manufacture the drug, as well as any accessories related to drug use. Drug possession laws in most states can range from a misdemeanor to a felony charge. If you are charged with drug possession, drug offense attorneys can help you understand your rights.

Drug Offenses

Drug possession offenses can vary based on the type and amount of the drug, the location of the offense, and the individual's prior history of drug-related arrests. Under the federal Controlled Substance Act (CSA), serious offenders who are convicted of drug possession or distribution are likely to face mandatory prison sentences and forfeiture of property. So-called “casual” and “recreational” drug possession laws are often less severe in terms of their penalties, but this can quickly change if the individual has a prior history of drug-related arrests, had a large quantity in their possession when arrested (drug possession with the intent to distribute), or were picked up near a school, day care, or housing project. Individuals may also face DUI/DWI charges if they were driving while under the influence of a controlled substance.

Sentencing Guidelines

In most states, sentencing guidelines for drug possession include jail or prison time, fines, compulsory treatment programs, probation, loss of drivers’ license, or other punishments as defined by the law. Some states maintain mandatory drug possession laws, which means punishment must be handed down regardless of any extenuating or special circumstances in a case. Thus, an individual’s background, lack of criminal record, or the fact that they may not be a threat to the public will have no impact on determining sentencing.

Contact an Attorney

If charged with drug possession, it is best to contact a criminal defense attorney as soon as possible. The laws are complicated and the possible penalties severe. A lawyer will be able to guide you through the process and defend your rights. In many cases, the attorney may be able to have your charges reduced, so instead of facing jail time, you may be able to complete a drug rehabilitation program or another type of punishment.