FindLaw Newsletters How a Drug PossessionEven a MisdemeanorCan Change Your Life April 27, 2018 When you think of punishment for any crime, the first thing that comes to mind is probably jailtime. This includes derivative and synthetic versions of banned controlled substances. Simple possession charges are often minor misdemeanor offenses, while manufacturing or intent to distribute possession charges are much more serious. As a Maine drug possession attorney, I get a lot of questions about the elements of drug possession, the severity of the charge and the possible sentences.Drug possession in Maine can be a misdemeanor with a fine only, or a felony with a possible sentence of up to 10 years in prison. However, under the new law, possession of any amount of GHB and other "date rape" drugs will remain a level 4 drug felony. It all depends on the kind of drug, the amount possessed and the defendant's prior drug convictions. The penalty enforced by the court varies based on the drug, quantity, intent of use, offender's age, crime location, and criminal background. The goal of the law is to reduce incarceration for . Laws often distinguish between the two . In cases where the possession crime includes a less dangerous drug or a small quantity, it may be charged as a misdemeanor. The court may also impose a fine for misdemeanor convictions. 90-95 (a) (3). In Colorado, unlawful drug possessionis generally charged as a level 1 drug misdemeanorpunishable by fines of up to $1,000 and two years of probation. Possession of no more than 30 grams can result in $500 in fines and/or 30 days of jail time. Rhode Island Gov. Washington law now states that the possession of a controlled substance is a misdemeanor offense punishable by up to 90 days in jail. (Alabama Code 13A-5-7, 5-12.) But it is a more serious level 4 drug felonyto possess more than four gramsof schedule I or II controlled substances (orany amount ofGHB, Flunitrazepam, Ketamine, or cathinones). Class C misdemeanors are punishable by no more than three months in jail. For simple possession convictions, courts typically grant probation and a $1,000 fine. A possession for sale charge can lead to a felony conviction. Our drug possession defense lawyers will immediately begin working on your case and will tailor a defense to your particular facts and circumstances. In Colorado treatment is often favored over time in jail, especially after the first offense. Summary (Published September 21, 2016) The number of federal offenders whose most serious offense was simple drug possession increased nearly 400 percent during the six-year period between fiscal years 2008 and 2013. A misdemeanor A felony In the Golden State, all personal drug possessions are charged under a misdemeanor. Felonies Available 24/7 to take your call 401-245-5100. In Pennsylvania, marijuana possession is a misdemeanor. Level 1 drug misdemeanors in Colorado are punishable by 6 to 18 months in county jail and/or $500 to $5,000 in fines. Class A misdemeanors can result in fines of up to $6,000. 41-29-115: Senate Bill 2379. The Amount and Type of Drug In Your Possession Some of the determining factors that may be considered when determining whether or not your charge is a misdemeanor or felony is the type and amount of drug you have in your possession. Consultations can be handled over the phone or via a face-to-face meeting. Specific Laws and Schedules. Possession of imitation CDS is a Class C misdemeanor. Convictions are sealable from the defendant's criminal record two years after the case closes. A judge overseeing a simple possession case can also demand community service. Don't hesitate call us now! Being charged with a misdemeanor or felony drug possession charge can result in severe penalties on both the federal and state level. A change of this magnitude over a relatively short period of time triggered further investigation into these cases using data on offender and offense characteristics routinely . Possession of other drugs can lead to severe penalties, depending on the amounts and whether intent to distribute is established. If you would like to discuss how we can help with your misdemeanor drug offense charges, please submit a CONTACT FORM or call 614-717-1177 to arrange a free consultation. Essentially, possession is the act of possessing illegal drugs, either on one's person or on their property. While both misdemeanors and felonies with drugs offer the most severe of penalties in most instances, the misdemeanors are the lesser of the two. Fines for Class C misdemeanors can be no more than $500. Possession of a drug is . These crimes may include theft, minor drug offenses and sometimes possession if the amounts are small such as only a few ounces. Misdemeanor Possession of Marijuana is a possession offense defined under North Carolina General Statute (N.C.G.S.) 41-29-113: House Bill 1031, and Ms. Code Ann. Attorney General Peter Neronha said he views the misdemeanor charges less . While simple possession is often a misdemeanor, possession with intent to distribute typically carries much harsher sentences. A misdemeanor charge is considerably easier to deal with than a felony charge, as felonies tend to come with much longer incarceration times, fines, and lingering consequences. If you're charged with a first-degree misdemeanor, you'll receive the following penalties: A fine of up to $1,000. However, charges may be raised to a felony if the drug was considered more dangerous, if the accused possessed a large quantity of drugs, if the individual had an intent to sell, or if other "aggravating factors"were present. These are crimes with less seriousness than felonies and, in turn, have less severe penalties. Up to 6 months of jail time. Jail time can also come with a $5000 fine. Rhode Island possession of prescription drugs. In most situations, simple possession is charged as a misdemeanor, punishable by a fine of $1,000, community service, and/or up to one year in jail. Attorney Allison C. Abilheira. Examples of a controlled substance include: Cocaine, Heroin, and Methamphetamine The state's previous law on the matter said that the crime of possession was a felony offense. If you or someone you know has been charged with a drug-related offense, you should contact JD Law by email or by calling (814) 954-7622 and schedule a FREE CONSULTATION with an experienced State College criminal defense lawyer. Requires misdemeanor sentence instead of felony for certain drug possession offenses. Proposition 64 Maryland has decriminalized the possession of marijuana, making possession of small amounts (less than 10 grams) a civil offense on par with a moving violation. Dan McKee signed a bill into law on Sept. 28 that reduces personal-use possession charges for certain controlled substances from felonies to misdemeanors. For possession that is a schedule 1 drug and less that 4 grams after March 1, 2020, the sentence is a DM1 misdemeanor with penalties of probation of up to 2 years, possibly 180 days in jail, and up to $1,000 in fines. Drug possession for personal use, which is sometimes called "simple" possession, is a violation of California Health and Safety Code 11350. Specifically, this statute makes it a crime for you to Knowingly Possess A Controlled Substance to understand what they really mean, let's take a closer look at each of these terms. Requires misdemeanor sentence instead of felony for the following crimes when amount involved is $950 or less: petty theft, receiving stolen property, and forging/writing bad checks. There are two specific laws in Mississippi that cover the charges for drug possession and distribution: Ms. Code Ann. The point when a drug charge cross over from a simple misdemeanor to a defending a felony charge has to do with how much there is, what kind of drugs, and whether it was being sold or trafficked. Possession of over 30 grams carries a maximum penalty of one year in jail. This new law made many drug possession offenses punishable as a misdemeanor only and allowed those serving time in a state prison for drug possession charges to petition the court for resentencing. In most cases, first offenders are charged with a drug possession misdemeanor. [1] [2] In Mississippi, a drug is referred to as a "controlled dangerous substance," or CDS. If you are a first offender with less than four ounces of marijuana on you, you will be charged with simple possession, which is a misdemeanor. On March 1, 2020, a new law went into effect in Colorado making possession of 4 grams or less of most Schedule 1 and 2 drugs a misdemeanor offense rather than a felony. Drug possession is criminalized under both state and federal laws, and it is typically broken down into two categories: simple possession and possession with intent to distribute. There are, however, many other potential consequences that come with convictions, and some can be life-lasting. 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