Criminal Defense

Penalties For Drug Possession

Posted By on Oct 19, 2016

Getting caught in possession of illegal drugs can lead to serious penalties and punishments. Drug possession is a Federal offense and you can be in for a tough time with law enforcers. Although drug possession carries a much lighter offense compared to drug abuse and trafficking, being charged with a crime can dramatically change your life. Depending on the state where the crime was committed, you can face a wide variety of penalties.

The penalties for possession of an illegal drug are laid down in Section 10 of the Drug Misuse and Trafficking Act of 1985 which states that: “Possession of an illegal drug is a criminal offense. The said law also enumerates the various substances that are illegal to possess, which include cannabis, ecstasy, cocaine, LSD, amphetamines, and others. In 1986, Federal lawmakers have set mandatory minimum sentencing guidelines for drug offenses. The aim was to target high-level distributors but also affects lower-level drug defendants.

The fixed sentence depends on the type of drug, the weight, and the number of previous offenses. Drug possession charges involve a small amount of controlled substances. Depending on a state’s sentencing rule, the courts have a discretionary power to impose the sentence which can range from fines community service, probation to longer jail sentences. For drug possession, the average jail time can be between 30 to 40 months.

Defense for a drug possession case can prove challenging as it is difficult to establish a “constructive possession.” It is so easy for an individual to get framed up and pay for the crimes committed by another individual. Nashville drug crime defense attorneys can help prove that the illegal drug found in your possession was actually not yours. You could be facing a jail sentence the length of which will be determined by the court and will be dependent on several factors.

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