If you are arrested for drug possession, there are a few factors that can ultimately affect how you are charged and what penalties you face — as well as the direction of your defense.
One of the most crucial factors is the severity of the drugs in your possession under the Controlled Substances Act (CSA).
What does it matter?
The Controlled Substances Act classifies drugs and other substances into five categories or “schedules” based on their potential for abuse, accepted medical use, and the likelihood of causing dependence.
These are:
- Schedule I: These drugs have a high potential for abuse and no accepted medical use (e.g., heroin, LSD, ecstasy, cannabis at the federal level).
- Schedule II: These drugs have a high possibility of abuse, but do have some accepted medical uses (e.g., cocaine, methamphetamine, oxycodone).
- Schedule III-V: These drugs have a decreasing potential for abuse and increasing accepted medical use — but may still be controlled in some way.
The classification of a drug under the CSA determines the severity of criminal penalties associated with its manufacture, distribution, and possession. In addition, federal sentencing – and many state criminal codes – often tie directly into the CSA. In essence, the higher the “schedule” of the drug found in your possession, the more the legal danger you are in.
The quantity of the drug involved, combined with its schedule classification, can also trigger mandatory minimum sentences. For example, possession of a Schedule I drug, for example, is likely to carry stiffer penalties than possession of a Schedule IV drug — but possession of large quantities of either may turn a simple possession case into allegations of drug trafficking or distribution. That can trigger mandatory minimum sentences upon conviction.
If you are charged with drug possession, it’s smart to seek experienced legal guidance right away. There are a lot of complex issues that go into drug charges — and challenging the evidence, the nature of the charges and more must be done as quickly as possible for the best results.
