Drug crimes are more severely punished than many other crimes. Despite recent reforms in the law to de-stigmatize recreational drug use, drug possession can still result in significant time behind bars and other serious penalties. Criminal defense attorney Sean P. Harrell is a former prosecutor, so he knows how the state builds these types of cases and their potential weaknesses. Contact us online or call (970) 791-2006 today to learn how we can help.
What Is Drug Possession?
A criminal offense involving drug possession must involve both of these terms for the prosecution to make their case. A “drug” or controlled substance is a substance that is regulated by the government. These are classified into different schedules. Schedule I drugs are those with a high addiction factor while Schedule V drugs have less risk for addiction. Examples of drugs and the schedules they fall under include:
- Schedule I – Heroin, ecstasy, GHB
- Schedule II – Opium, morphine, cocaine, methamphetamine
- Schedule III – Anabolic steroids, medications containing small amounts of morphine
- Schedule IV – Xanax, Ambien
- Schedule V – Medications with small amounts of opium or codeine
The second element of this crime, possession, can take on many forms, including:
- Actual possession in which you are physically touching the drug or it is on your person, such as in your pocket
- Constructive possession or having control over a drug without touching it
- Joint possession or co-owning the drug with someone else
To prove possession, the prosecutor must prove that you had physical control over the drug, not just that it was close to you.
Penalties for Drug Possession
In March 2020, significant changes to drug possession laws led to the reclassification of many drug possession charges as misdemeanors. Under the new law, possessing up to four grams of certain controlled substances, such as cocaine, heroin, methamphetamine, and ecstasy, is considered a misdemeanor offense. Those convicted of misdemeanor drug possession may be eligible for two years of probation instead of jail time. As a result, the penalty for misdemeanor drug possession typically involves up to two years of probation and a fine of up to $1,000.
While these changes have reduced the severity of penalties for many individuals, drug possession charges can still have serious consequences. The penalties for drug possession vary based on a number of factors, including:
- The type of drug (its classification or “schedule”)
- The quantity of the drug found in possession
- The intent behind the possession (e.g., personal use or distribution)
- The individual’s prior criminal history
For example, if someone is found in possession of more than four grams of a controlled substance classified as Schedule I or II, such as cocaine, heroin, or methamphetamine, they may face felony charges, specifically a level 4 felony. Additionally, possession of drugs like ketamine, GHB, cathinone, or flunitrazepam, regardless of the amount, may lead to similar felony charges.
Convictions for level 4 felonies can result in penalties including up to one year of imprisonment, a fine of up to $100,000, and one year of parole after serving time.
There are also stricter penalties for individuals caught in possession of certain high-potency substances. For instance, possession of a substance that is more than 60% fentanyl, benzimidazole opiate, or carfentanil is classified as a level 2 drug felony. If an individual is caught with these substances while on parole for another felony, currently incarcerated as a convicted felon, an escaped prisoner, or while on bond or probation, they may face aggravated felony possession charges. These charges carry even harsher penalties, including longer prison sentences and higher fines.
Overall, while reforms have lessened the penalties for drug possession in some cases, the consequences of a conviction can still significantly impact a person’s life. It’s important to understand the specific details of your case to navigate the legal process effectively.
Contact a Former Prosecutor to Help with Your Case
With his valuable experience as a former prosecutor, Sean P. Harrell is uniquely equipped to develop a strong defense strategy tailored to your case. Let him use his insider knowledge to protect your rights and work toward the best possible outcome. Reach out to our Loveland drug possession attorney today for a confidential consultation. Call us at (970) 791-2006 or fill out our online form.