A change of this magnitude over a relatively short period of time triggered further investigation into these cases using data on offender and offense characteristics routinely . Available 24/7 to take your call 401-245-5100. Convictions are sealable from the defendant's criminal record two years after the case closes. While simple possession is often a misdemeanor, possession with intent to distribute typically carries much harsher sentences. Specific Laws and Schedules. Drug possession for personal use, which is sometimes called "simple" possession, is a violation of California Health and Safety Code 11350. Possession of over 30 grams carries a maximum penalty of one year in jail. However, under the new law, possession of any amount of GHB and other "date rape" drugs will remain a level 4 drug felony. If you or someone you know has been charged with a drug-related offense, you should contact JD Law by email or by calling (814) 954-7622 and schedule a FREE CONSULTATION with an experienced State College criminal defense lawyer. Maryland has decriminalized the possession of marijuana, making possession of small amounts (less than 10 grams) a civil offense on par with a moving violation. Possession of a drug is . For simple possession convictions, courts typically grant probation and a $1,000 fine. Drug possession is criminalized under both state and federal laws, and it is typically broken down into two categories: simple possession and possession with intent to distribute. Being charged with a misdemeanor or felony drug possession charge can result in severe penalties on both the federal and state level. Class A misdemeanors can result in fines of up to $6,000. The penalty enforced by the court varies based on the drug, quantity, intent of use, offender's age, crime location, and criminal background. Possession of imitation CDS is a Class C misdemeanor. Don't hesitate call us now! If you are a first offender with less than four ounces of marijuana on you, you will be charged with simple possession, which is a misdemeanor. As a Maine drug possession attorney, I get a lot of questions about the elements of drug possession, the severity of the charge and the possible sentences.Drug possession in Maine can be a misdemeanor with a fine only, or a felony with a possible sentence of up to 10 years in prison. Simple possession charges are often minor misdemeanor offenses, while manufacturing or intent to distribute possession charges are much more serious. A judge overseeing a simple possession case can also demand community service. For possession that is a schedule 1 drug and less that 4 grams after March 1, 2020, the sentence is a DM1 misdemeanor with penalties of probation of up to 2 years, possibly 180 days in jail, and up to $1,000 in fines. (Alabama Code 13A-5-7, 5-12.) Jail time can also come with a $5000 fine. Examples of a controlled substance include: Cocaine, Heroin, and Methamphetamine The state's previous law on the matter said that the crime of possession was a felony offense. In most situations, simple possession is charged as a misdemeanor, punishable by a fine of $1,000, community service, and/or up to one year in jail. In cases where the possession crime includes a less dangerous drug or a small quantity, it may be charged as a misdemeanor. Level 1 drug misdemeanors in Colorado are punishable by 6 to 18 months in county jail and/or $500 to $5,000 in fines. Up to 6 months of jail time. Our drug possession defense lawyers will immediately begin working on your case and will tailor a defense to your particular facts and circumstances. These are crimes with less seriousness than felonies and, in turn, have less severe penalties. Consultations can be handled over the phone or via a face-to-face meeting. Washington law now states that the possession of a controlled substance is a misdemeanor offense punishable by up to 90 days in jail. 41-29-113: House Bill 1031, and Ms. Code Ann. Certain inmates cannot petition the court for resentencing such as anyone convicted for rape or murder, or any registered sex offenders. On March 1, 2020, a new law went into effect in Colorado making possession of 4 grams or less of most Schedule 1 and 2 drugs a misdemeanor offense rather than a felony. If you would like to discuss how we can help with your misdemeanor drug offense charges, please submit a CONTACT FORM or call 614-717-1177 to arrange a free consultation. 90-95 (a) (3). If you're charged with a first-degree misdemeanor, you'll receive the following penalties: A fine of up to $1,000. But it is a more serious level 4 drug felonyto possess more than four gramsof schedule I or II controlled substances (orany amount ofGHB, Flunitrazepam, Ketamine, or cathinones). Summary (Published September 21, 2016) The number of federal offenders whose most serious offense was simple drug possession increased nearly 400 percent during the six-year period between fiscal years 2008 and 2013. A possession for sale charge can lead to a felony conviction. FindLaw Newsletters Laws often distinguish between the two . Specifically, this statute makes it a crime for you to Knowingly Possess A Controlled Substance to understand what they really mean, let's take a closer look at each of these terms. Requires misdemeanor sentence instead of felony for the following crimes when amount involved is $950 or less: petty theft, receiving stolen property, and forging/writing bad checks. In Colorado, unlawful drug possessionis generally charged as a level 1 drug misdemeanorpunishable by fines of up to $1,000 and two years of probation. The lightest sentence for a simple drug possession charge is a misdemeanor that can carry a fine up to $1,000. There are, however, many other potential consequences that come with convictions, and some can be life-lasting. This includes derivative and synthetic versions of banned controlled substances. In most cases, first offenders are charged with a drug possession misdemeanor. In Colorado treatment is often favored over time in jail, especially after the first offense. Dan McKee signed a bill into law on Sept. 28 that reduces personal-use possession charges for certain controlled substances from felonies to misdemeanors. Proposition 64 Rhode Island Gov. Essentially, possession is the act of possessing illegal drugs, either on one's person or on their property. A misdemeanor A felony In the Golden State, all personal drug possessions are charged under a misdemeanor. These crimes may include theft, minor drug offenses and sometimes possession if the amounts are small such as only a few ounces. The goal of the law is to reduce incarceration for . In Pennsylvania, marijuana possession is a misdemeanor. Rhode Island possession of prescription drugs. However, charges may be raised to a felony if the drug was considered more dangerous, if the accused possessed a large quantity of drugs, if the individual had an intent to sell, or if other "aggravating factors"were present. Fines for Class C misdemeanors can be no more than $500. Felonies Class C misdemeanors are punishable by no more than three months in jail. The court may also impose a fine for misdemeanor convictions. It all depends on the kind of drug, the amount possessed and the defendant's prior drug convictions. Our firm charges flat fees for misdemeanor drug cases, so you will know the exact fee before representation begins, and credit cards are accepted. Misdemeanor Possession of Marijuana is a possession offense defined under North Carolina General Statute (N.C.G.S.) The new statute applies to amounts of 10 grams or less and includes fentanyl, heroin and cocaine. How a Drug PossessionEven a MisdemeanorCan Change Your Life April 27, 2018 When you think of punishment for any crime, the first thing that comes to mind is probably jailtime. Requires misdemeanor sentence instead of felony for certain drug possession offenses. Possession of no more than 30 grams can result in $500 in fines and/or 30 days of jail time. 41-29-115: Senate Bill 2379. The Amount and Type of Drug In Your Possession Some of the determining factors that may be considered when determining whether or not your charge is a misdemeanor or felony is the type and amount of drug you have in your possession. Possession of other drugs can lead to severe penalties, depending on the amounts and whether intent to distribute is established. The point when a drug charge cross over from a simple misdemeanor to a defending a felony charge has to do with how much there is, what kind of drugs, and whether it was being sold or trafficked. Attorney Allison C. Abilheira. This is because the less you have, the better your situation may be. Attorney General Peter Neronha said he views the misdemeanor charges less . There are two specific laws in Mississippi that cover the charges for drug possession and distribution: Ms. Code Ann. [1] [2] In Mississippi, a drug is referred to as a "controlled dangerous substance," or CDS. This new law made many drug possession offenses punishable as a misdemeanor only and allowed those serving time in a state prison for drug possession charges to petition the court for resentencing. 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