3 factors that can affect a drug possession case

On Behalf of | Jan 16, 2025 | Drug Charges |

Drug possession trials are often complex. A court may consider several factors in a drug possession case before deciding on a final conviction. Even minor details in a case could lead to harsher sentencing. 

If you are unaware of what a judge may look at during a drug possession trial, here is what you should know: 

1. What was the schedule of the drug?

Substances are managed by the Controlled Substance Act (CSA). The CSA categorizes drugs into schedules based on their potential for abuse and their medical applications. There are five different drug schedules. 

Schedule I includes the harshest chemicals, such as peyote and heroin. There are no known medical applications for Schedule I drugs. Second to Schedule I substances are Schedule II substances (Ritalin, fentanyl, oxycodone, etc.), which have a few medical uses despite their potential dangers. Schedule III and IV substances can be used in many medical fields, but consumers may require doctor prescriptions to acquire these drugs. Schedule V substances have the lowest potential for abuse and can often be purchased over the counter.

Drug schedules can influence a drug possession trial. A defendant who is suspected of possessing a Schedule I substance could face harsher punishments than if they were in possession of a Schedule V substance. 

2. What was the quantity of the drug?

Possession of a small quantity of substances may lead to lesser charges – unless the defendant was possessing a Schedule I substance. If the defendant was in possession of a large quantity of drugs, they could lead to a felony drug trafficking charge. Felony charges often hold harsher punishments. 

3. What was the intended use of a drug?

A judge may consider what the defendant intended to do with the substances in their possession. The defendant could face lesser charges if they were using the drugs for recreational use rather than selling them. However, the defendant could face even harsher charges if they intended to sell the drugs to a minor or on school grounds.

If you are facing drug possession charges, your future could be at risk. It may be important to reach out for legal guidance to learn about your defense options. With experienced help, you can create a defense that minimizes or dismisses charges. 

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