The unauthorized possession of a controlled substance is typically classified as a criminal offense. Such violations can result in significant criminal fines, jail or prison time, and other criminal consequences. There are certain situations when a person is not even holding or carrying the substance, and yet can be considered as possessing it. For instance, under constructive possession laws , a person can be legally considered possessing a substance if:.
This depends on several factors. First, the type of controlled substance can determine whether possession is a misdemeanor or a felony. Schedule 1 drugs are more dangerous and generally lead to more serious drug crime punishments.
For instance, possession of heroin , a Schedule 1 substance, can often lead to felony charges. In comparison, possession of marijuana may only lead to a misdemeanor or even a minor traffic citation in some areas. Secondly, the amount of the substance possessed can affect the criminal charges. Generally speaking, possession of a larger amount will result in more serious felony charges, especially if the amount indicates an intent to distribute the substance.
In comparison, possession of smaller amounts for personal use may result in misdemeanor charges. The amounts and charges again depend on the exact type of controlled substance.
Felony possession charges will result in higher criminal fines, and a sentence in prison not jail of more than one year. Felony convictions can also result in a loss of certain rights, such as the loss of the right to possess a firearm.
Each state has different controlled substance penalties. California has some of the lightest penalties, while states such as Washington might impose more strict penalties. As with any criminal charge, defenses may be available for possession of a controlled substance. These may vary by state; a few examples include:. Various other defenses may apply. Again, these depend on specific state laws as well as the exact circumstances of the crime.
But keep in mind that voluntary intoxication is different from involuntary intoxication, like getting drunk vs. Being found with a controlled substance can have serious penalties resulting in substantial fines and imprisonment. It is important to learn about what the law says about this charge and then to speak to an attorney about your options.
The Nevada Code that outlines the legal nature of controlled substance possession and the punishment for it is called NRS If you possess a drug with the intent to sell , that is a different charge. There are many kinds of controlled substances. But controlled substances also cover illegal drugs such as cocaine, heroin, ecstasy, and methamphetamine aka Meth. So what does it mean to be found possessing a controlled substance?
Many people think that the police or authorities have to find the drugs carried on you. All three of them include:. You may wonder if this felony applies to you. You may have had this controlled substance in your possession without your knowledge, or you may feel that the police did an illegal search, which is possible.
If the police search without a warrant or probable cause, a good criminal defense attorney will argue to have the evidence thrown out. These and other nuances of every controlled substance case are exactly why an attorney should get involved as quickly as possible.
The good news is that if you have never been convicted of drug charge in the past then a good criminal defense attorney should be able to effectively argue to get your case reduced to a lesser charge or dismissed completely. Schedule I substances are the worst to have in your possession without a prescription, schedule IV are the least serious to be found possessing. Is your medication a controlled substance with certain restrictions on how it can be prescribed or filled?
Prescription medications can be broken down into two sub-categories: controlled and non-controlled. Most prescriptions for chronic conditions or infections are non-controlled. For example, most blood pressure and cholesterol medications, diabetes medications, asthma inhalers, and antibiotics are all non-controlled medications.
Controlled substances are medications that can cause physical and mental dependence, and the manufacturing, possession and use of these medications is regulated by law. How controlled substances are regulated and classified by the Drug Enforcement Administration DEA is based on how likely they are to cause dependence.
Some examples of controlled substances include opioid pain medications like Vicodin, or ADHD medications such as Adderall. Since its creation in , the Controlled Substances Act CSA has been used by law enforcement to decrease drug abuse and dependence among Americans by regulating the production, sale, purchase and use of many drugs.
This act gives authority to the DEA to monitor and control the use of substances, both legal and illegal. Because of the many differences between the various types of substances, the CSA puts each substance into one of five categories, called schedules. These categories give each substance a simple classification that helps both law enforcement and the medical community to easily understand its nature.
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