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How are drug possession charges determined?

On Behalf of | Aug 13, 2024 | Criminal Defense |

Drug possession charges can lead to serious, life-long consequences. For starters, a criminal sentence can lead to long prison time and high fines. Convicted criminals may also lose their right to vote and child custody options. A defendant may also be limited to their employment, housing and education options.

Not all drug possession trials lead to the same outcome. Some are much harsher than others. What determines a drug possession charge? Here is what you should know:

4 considerations for a drug possession sentence

A judge may consider a few facts about a drug possession case before deciding the defendant’s sentence. Here is what can affect a drug possession charge:

  1. What was the drug’s schedule? Drugs are categorized into schedules under the Controlled Substance Act (CSA). Schedules determine whether a drug is fit for consumer or medical use or should not be manufactured. A high-scheduled drug can lead to harsher convictions. 
  2. What was the quantity of the drug? How much of a substance was found on a person can greatly affect a drug possession case. High quantities of illegal substances could be linked to trafficking. 
  3. What was the purpose of the drug? In some cases, the purpose of an illegal drug could play into a criminal conviction. If the drug was meant for distribution, then it could lead to harsher punishments than recreational use.
  4. Does the suspect have a criminal history? First-time offenders often face lesser charges than repeat offenders. 

There are a lot more conditions that can influence the outcome of a drug possession charge. Legal guidance can develop a defense strategy to help individuals reduce or dismiss charges.