If a person is likely to face charges for drug possession, the severity of the charges will depend on a few legal factors. A court may consider these legal factors before charging a defendant with fines, incarceration, probation and other penalties.
Understanding how these factors can affect an illegal drug possession case can help defendants better prepare their defense. Below are the factors that may be brought up during a criminal drug possession case:
1. What is the drug’s schedule?
Substances are categorized by severity under the Controlled Substances Act (CSA) according to “schedules.” There are five schedules in total, ranging from the mildest substances under Schedule V, to the most dangerous under Schedule I. Possession of Schedule I substances can lead to the most severe charges. However, illegally possessing even a Schedule V substance can still lead to a criminal conviction.
2. What was the quantity of drugs in possession?
The amount of illegal drugs a person was in possession of could be considered when determining a criminal charge. A large possession of illegal substances — of any type — could be tied to drug trafficking, which can carry severe punishments. Possessing even a small amount of a Schedule I substance can also lead to heavy consequences.
3. What was the intended purpose of the substance?
Prosecutors may be more inclined to show leniency when a defendant in possession of an illegal drug suffers from addiction and the drugs were clearly for personal use. If the defendant is caught passing the drugs to someone else, selling the drugs, in the range of children on school grounds or in numerous other circumstances, however, the prosecutor may assume that they were trafficking the substance — and charges will go up accordingly.
Legal guidance can prepare people to build a strong defense against illegal drug possession charges.
