Conviction of a drug charge is a very serious offense that can have a ripple effect on the rest of your life. Penalties for drug charges range from relatively mild to extreme. Somedrug charges result in a $100 fine while others end in time spent in a state prison. A number of external factors affect the penalty you receive for your drug charge. Number of previous offenses, criminal record, the laws and regulations of that particular state, or leniency of the judge can all influence your consequence. However, the most influential factor is the type of drug charge.
Listed below are the most common types of drug charges:
Possession of a controlled substance is usually the springboard for other types of drug charges. If the arresting officer has reason to believe you had intent to distribute illegal substances, then a drug distribution charge may be added. Possession charges are the most common type of drug charge. Most possession charges operate under the premise that you intentionally kept the controlled substance in your possession or kept a substantial amount for sale. Possession charges differ from other drug charges because they can be constructive possession or actual possession. Constructive possession means that even though technically drugs were not found on you, the presence of a crack pipe, syringes or needles may be enough for a charge to be filed. These items are considered drug paraphernalia and if found on you may be sufficient enough for a drug possession charge.
Drug distribution includes but is not limited to selling, delivering, or providing controlled substances. Most drug distribution charges are a result of the individual unknowlingly selling to an undercover cop or DEA agent. Penalties for drug distribution vary based upon amount, criminal record, and location of the drug distribution. Selling illegal substances around a school may earn a more serious consequence because of the presence of minors. Drug trafficking usually operates in a global market, it often involves manufacturing, transportation, distribution, and sale. All of types of controlled substances can be trafficked: marijuana, cocaine, methamphetamines, and heroin. Distribution and trafficking are considered felonies and have harsher consequences than possession. In some cases both state law enforcement and federal law enforcement become involved in drug trafficking cases. State laws and federal laws vary when it comes to drug charges, usually federal laws fall on the more extreme side of the spectrum.
Conviction of drug manufacturing is another common drug charge. Drug manufacturing includes any involvement in growing or producing illegal drugs. Cultivating a marijuana garden or creating illegal substances through the mixture of chemicals is considered drug manufacturing. The severity of the consequences also ranges depending on other factors.
If you have been convicted of any one of these drug charges you should immediately seek legal counsel.
Feel free to contact Kyle Law Firm if you have been convicted of a drug charge.