Peter Blair | August 23, 2016 | Drug Possession
Controlled substances typically refer to drugs that can affect a person’s overall health and welfare. These substances are so crucial on a dangerous level in many cases, that state and federal governments have taken action against them. They have worked to regulate these substances in any ways that they can. If you happen to be caught possessing a controlled substance, you can be fined and held in prison by local, state, and federal law enforcement. The Controlled Substances Act has broken the various schedules down into five different categories:
Schedule I: These substances, such as heroin and ecstasy, have no accepted medical use and are deemed unsafe. They also have a high potential for abuse.
Schedule II: These narcotics and stimulants, such as Dilaudid and methadone, have a high potential for abuse. They can also cause severe psychological or physical dependence.
Schedule III: These substances are less addictive, such as Vicodin and Codeine. However, they can still lead to moderate or low dependence and high psychological dependence.
Schedule IV: These substances have a lower potential for abuse, such as Xanax and Valium.
Schedule V: These contain limited quantities of narcotics, such as syrups that contain codeine.
Laws and Penalties
States are permitted flexibility on how they decide to enforce the Controlled Substances Act in regards to those who have been charged with a crime. Some states have adopted even stricter laws than others. Many have followed through with a newer version, known as the Uniform Controlled Substances Act of 1973, which provides more authority for state governments to seize assets in criminal prosecutions.
There are many crimes that are actually associated with controlled substances. If you have been charged with a related crime, it was probably one of the following:
- Possessing with intent to manufacture, distribute, or dispense
- Conspiracy of any of the above
You may find that there are many penalties relating to these crimes if you are found to be guilty. How you will be charged will often depend on the schedule of the drug and how dangerous it is. The severity of penalties will typically depend on how dangerous the drug is as well as how much harm it could have caused.
However, you may find those common penalties include fines that range anywhere from $100 to $10,000 as well as prison time for the crime. You could also be subject to probation, diversion programs, and rehabilitation.
Using a Defense
You may have a defense to your case, such as being totally unaware that you had drugs on you in the first place.
What if somebody planted the drug on you and attempted to have you unfairly charged with a crime? You can only be charged with a crime if you knew about the drugs in the first place. However, many factors must be proven to make your case.
It can be a very complicated process to try and prove someone else’s guilt after you have been found with the drugs. This is why it is a good idea to have a defense attorney on your side to help you through the entire process.