Drug possession is the crime of having one or more illegal drugs in one’s possession, either for personal use, distribution, sale or otherwise. Illegal drugs fall into different categories and sentences vary depending on the amount, type of drug, circumstances, and jurisdiction.
Simple Drug Possession. Simple possession is knowingly or intentionally possessing a controlled substance by a person not licensed or registered to possess said substance.
Secondly, can you be charged for drugs without possession? Simply possessing controlled substances such as cocaine, methamphetamine, or heroin is a third degree felony. Penalties for a possession conviction include fines and up to five years in prison. And in answer to our title question, yes, you can face possession charges even if you are not in physical possession of drugs.
Subsequently, one may also ask, what kind of crime is drug possession?
Drug Possession. Drug possession is the crime of willfully possessing illegal substances, such as marijuana, cocaine, methamphetamine, or heroin. Drug possession accounts for over 80 percent of all drug-related arrests in the United States, according to the Department of Justice.
Why is drug possession a felony?
Felony charges for drug possession often result when a defendant has possessed a particular illegal substance, or any illegal possession of a certain quantity of specified drugs. In many situations, the quantity of the drug in the defendant’s possession will also result in felony rather than misdemeanor charges.
What is the punishment for simple possession?
Those convicted on drug possession charges face a wide gamut of penalties at sentencing, varying from state to state. Penalties for simple possession range from a fine of less than $100 and/or a few days in jail to thousands of dollars and several years in state prison for the same offense.
What is considered personal use of drugs?
(h) The term Personal Use Amount means possession of controlled substances in circumstances where there is no other evidence of an intent to distribute, or to facilitate the manufacturing, compounding, processing, delivering, importing or exporting of any controlled substance.
What is the difference between simple possession and possession?
When facing a drug offense, there is a big difference between simple possession and possession with the intent to sell or distribute. Simple possession of marijuana (up to 30 grams) is a misdemeanor charge, whereas possession with intent to sell is a felony, according to statute 780-113.
What kind of drug is paraphernalia?
“Drug paraphernalia” is a term, to denote any equipment, product or accessory that is intended or modified for making, using, or concealing drugs, typically for recreational purposes. Drugs such as marijuana, cocaine, heroin, and methamphetamine are related to a wide range of paraphernalia.
What is internal possession of drugs?
Rather, the most common form of possession of drugs that I have come across in my practice has been internal possession whereby a Defendant has illegal drugs in his or her body due to recent use. However, in the course of the arrest, law enforcement will ask whether he or she uses drugs.
How much time do you get for possession of a controlled substance?
Incarceration. Jail or prison time is also possible when a person is convicted of possession of a controlled substance. Jail sentences range widely depending on the crime charged, the type of drugs involved, and the state’s laws, but can range from a few days or weeks to 10 years or more in prison. Probation.
Does simple possession go on your record?
A simple possession, first offense, will affect you the rest of your life. Many believe that criminal offenses are like insurance points; they fall off your record after a certain number of years. Others believe that if the offenses occurred when they were between 16 and 21 years of age, they will fall off your record.
What are four types of crimes related to drug use?
Drug-defined Violations of laws Drug possession or offenses prohibiting or reg- use. Marijuana ulating the possession, cultivation. Metham- use, distribution, or phetamine production. manufacture of Cocaine, heroin, or illegal drugs.
What happens when you get a felony drug charge?
Felony drug charges are often the worst of the worst, and they could land someone in prison either state or federal for years or decades depending on the specific circumstances and factors of the case and arrest. Felony convictions lead to state or federal prison systems used for the crimes.
What are some drug charges?
Drug related charges include: Possession of a Prohibited or Controlled Substance. Possession of a Controlled Substance for the Purposes of Trafficking. Trafficking in a Prohibited or Controlled Substance. Importing, Exporting or Possessing for the Purpose of Exporting a Controlled Substance.
Is getting caught with drugs a felony?
Weight limits are not specified, and drug possession is a misdemeanor crime for virtually all controlled substances. As shown in table 1, three of the five states have criminal history exclusions that make people eligible for a felony sentence or prison time if they have prior felony convictions.
What is the meaning of constructive possession?
Constructive possession is a legal fiction to describe a situation where an individual has actual control over chattels or real property without actually having physical control of the same assets. At law, a person with constructive possession stands in the same legal position as a person with actual possession.
What is considered a Schedule 3 drug?
Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. Schedule III drugs abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV.