Drug possession charges can carry serious, long-lasting consequences. Depending on the circumstances, a defendant may face misdemeanor or felony charges, which can result in jail time, fines, probation and other penalties. Beyond the criminal sentence, a conviction can also affect a defendant’s educational opportunities, housing access and future employment for years to come.
Importantly, not every drug possession case is treated the same. The authorities weigh several factors before determining the severity of the charges someone will face — and the potential punishments. Here are three of the most significant factors that go into a drug charge:
1. The drug’s “schedule”
Under the federal Controlled Substances Act (CSA), drugs are classified into five schedules based on their potential for abuse and accepted medical use. Schedule V substances are considered the least addictive and are sometimes available over the counter. Schedule I substances, including heroin, ecstasy and peyote, are considered the most dangerous and are thought to have little or no medicinal value. Because of this, possession of a Schedule I drug typically leads to much bigger charges and harsher penalties than possession of lower-schedule substances.
2. The quantity in possession
While even a small amount of a Schedule 1 substance can trigger stiff penalties purely because of its classification, there’s no question that larger quantities of any kind of drug can lead to suspicion of trafficking. In general, if you’re found with more drugs in your possession than the prosecutor thinks is sufficient for personal use, you could face significantly tougher charges.
3. Prior criminal histories
A first-time drug possession charge may result in lighter consequences, such as diversion programs, rehabilitation or probation. Conversely, repeat offenses often lead to increased penalties as courts aim to deter ongoing drug-related conduct. A history of prior convictions can escalate a charge or influence sentencing decisions.
If you are facing drug possession charges, it’s time to learn about your criminal defense options. Drug charges are never something that you should try to navigate alone.