What charge is possession of a controlled substance?
Penalties of controlled substance possession A first or second offense is a Category E Felony, which means you could face 1-4 years in prison. However, a first offense is often probationable, which means you may avoid prison and a conviction if your defense attorney can negotiate a drug treatment/rehab program for you.
Can a possession of a controlled substance charge be dropped?
Fighting a Possession of a Controlled Substances Charge In some cases, they can even get the charges dismissed . Some common strategies include arguing that: You had a valid prescription (or that they cannot prove that you did not have such a prescription). The controlled substance belonged to another person.
What is controlled substance paraphernalia?
Under federal law the term drug paraphernalia means “any equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a
What is considered an illegal controlled substance?
Schedule I – These substances have no accepted medical use, are unsafe, and hold a high potential for abuse. Examples include heroin, LSD, marijuana, peyote, and ecstasy. Schedule II – These narcotics and stimulants have a high potential for abuse and engender severe psychological or physical dependence.
Does having drugs in your system count as possession?
(7) the person’s body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols. Obviously, a person can be charged with possession of a drug .
How many years do you go to jail for drug possession?
For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. In contrast, California has some of the lightest drug possession sentences: between $30 and $500 in fines and/or 15 to 180 days in jail.
How do you win a drug possession case?
How To Win A Drug Possession Case Get Attorney Representation Immediately. Your first step is to hire a reputable drug possession attorney who specializes in fighting felony drug charges. Assess Possible Defense Strategies. Lab Testing Issues. Beyond a Reasonable Doubt. Contact a Drug Possession Attorney Today.
What happens if you get caught with prescription drugs?
If law enforcement officers catch you with prescription meds on your person without a doctor’s prescription , you could face serious charges that include jail time and fines.
How do you prove constructive possession?
To convict you of constructive possession , however, the state must prove that you knew the drugs were present, knew they were illegal and had “control” over them. Mere proximity to the drugs is usually not enough to convict someone in this type of case.
Is a lighter considered drug paraphernalia?
Small mirrors and other glass products (such as Pyrex test tubes and “glass crack pipes”), lighters , rolled up currency, razor blades, aluminum/tin foil, credit cards, and spoons have all been used to prosecute people under paraphernalia laws, whether or not they contain residue of illegal drugs .
Is a needle drug paraphernalia?
The term ” drug paraphernalia ” is widely defined in these statues to include any equipment, product, or material of any kind that is primarily intended for use in introducing controlled substances into the human body. Clearly, hypodermic syringes and needles fall within this domain.
What are the types of drug charges?
There are different types of drug charges and drug crimes: (1) drug possession, (2) possession of drug paraphernalia , and (3) possession with intent to sell, manufacture or deliver, also known as trafficking .
What is the difference between a controlled substance and a dangerous drug?
Dangerous Drugs vs. Dangerous drugs , however, only include drugs that are not as strictly regulated. According to Texas law, Xanax and Valium are examples of dangerous drugs that can lead to a possession of dangerous drugs charge. On the other hand, controlled substances include the most addictive substances available.
What does the Controlled Substance Act do?
The CSA serves as the legal foundation of the government’s fight against drugs of abuse. This law consolidates numerous laws regulating the manufacture and distribution of narcotics, stimulants, depressants, hallucinogens, anabolic steroids, and chemicals used in the illicit production of controlled substances .
How do you know if a drug is a controlled substance?
Controlled substances are medications that can cause physical and mental dependence, and have restrictions on how they can be filled and refilled. They are regulated and classified by the DEA ( Drug Enforcement Administration) based on how likely they are to cause dependence.