Drug possession is a serious crime that can have a wide range of consequences. Controlled substances are heavily regulated by the law. Illegally possessing, cultivating, distributing, or trafficking them is a violation of the law and can result to criminal consequences. Getting charged with drug possession can have life-altering consequences. The effects of drug possession may vary from one state to another.
Drug possession carries with it a wide range of penalties during sentencing. In 1986, Federal lawmakers passed mandatory minimum sentencing guidelines for drug charges. Penalties and sentences are dependent on the type of drug, weight of the drug, and the number of previous convictions. Drug charges are prosecuted in either state or federal courts. The penalties will depend on the kind and amount of drug that was found.
Each state also has its own drug laws and they are quite different from Federal laws in the severity of the consequences. For state laws, simple possession may be charged as misdemeanor and may include probation in the sentence. Federal laws, on the other hand, usually have harsher punishments and longer sentences.
When convicted for possession, the court may require the defendant to attend a drug diversionary program before getting probation. For severe cases, they may be sentenced to serve jail time in a Federal or state prison. There are various factors that can affect the sentence that will be handed down on the defendant. The judge may look at the aggravating or mitigating circumstances such as the past record of the defendant and the type of drug involved.
Finally, it is also up to the judge to determine the sentence they will impose on the defendant. The court will look at the facts and merits of the case. The penalties will depend on the state where the case was filed.Read More