You may be wondering what type of punishment you could face if you are charged for drug possession. Many drug possession cases are different, and you could face different punishments than other people depending on a few factors.
There are four factors courts may consider when determining your punishment for drug possession. Here is what you should know:
Drug schedules
Under the Controlled Substance Act, drugs are categorized under schedules by the severity of the substance. These categorizations not only regulate the use of substances but can affect a drug possession case. There are a total of five drug schedules. Schedule V substances, such as cough medicine, have the fewest regulations. Schedule I substances, such as peyote, have the highest regulations and harshest punishments.
Substance quantity
The quantity of a substance that was in possession at the time of an arrest could influence a criminal case. A large quantity of substances could lead to drug trafficking charges. However, possessing even a small quantity of a Schedule I substance could lead to maximum punishments.
Intended use
In some cases, a court may consider the reason why a defendant was in possession of an illegal substance. Drug possession for recreational use may lead to lesser charges than if a substance was being sold. Selling an illegal substance to minors can lead to maximum charges.
Criminal history
A defendant may face harsher charges if they have a previous criminal conviction. Harsher punishments may be implemented to discourage future crimes.
Understanding the type of charges you could face for drug possession can help you form your criminal defense.