After they are arrested, charged and convicted for illegal drug possession, defendants can face various punishments, including many years behind bars, several thousand dollars in fines and a criminal record. A charge for illegal drug possession can also affect a person’s opportunities during their life, for example, limited access to loans, employment and housing eligibility.
The severity of charges for drug possession is typically determined by prosecutors who weigh the evidence that has been collected prior to – and sometimes, after – an arrest.
3 factors that can affect a drug possession charge
When prosecutors are trying to determine what charges to pursue against a defendant in a drug possession scenario, the following considerations generally come into play:
- Substance type: Drugs are categorized under schedules under the Controlled Substance Act. Schedules determine whether a drug can be sold, manufactured and used by consumers or in medical fields. Any level of substance can affect a criminal trial. However, higher scheduled substances often lead to higher punishments. Of the five different schedules, Schedule I substances are the most severe. Schedule I, II and III drugs have the most restrictions.
- Quantity possessed: The amount of drugs a person possessed could affect a criminal case. A large quantity of drugs could tie a defendant to drug trafficking. High-scheduled drugs could lead to severe charges even if there was a small amount found.
- Intended use: The defendant may be questioned about their intent with an illegal substance. In some cases, recreational use of illegal substances leads to lesser charges than if the drugs were being distributed.
People arrested for illegal drug possession benefit from learning about their charges and their legal defense options as soon as they possibly can. Seeking legal guidance is a good way to get started.
