Criminal Defense Lawyers

Drug Possession

Introduction to Drug Possession

Drug possession is one of the most common crimes in the U.S. It involves having illegal drugs on you, even if they aren’t yours. Just being around drugs can mean a possession charge. Drug possession laws vary a lot between states. But in general, police can charge you if they find drugs:

• On your body
• In your home
• In your car
• On drug paraphernalia like pipes or baggies

To get convicted, prosecutors have to prove you knew the drugs were there. Possession charges range from misdemeanors to felonies. Jail time and fines depend on the drug, amount, and your criminal record. Defenses lawyers use include illegal searches, false positives, and lack of knowledge.

Federal Drug Possession Laws

Several federal laws affect drug possession:

• The Controlled Substances Act categorizes drugs into schedules based on danger and medical use
• The Drug Enforcement Administration enforces federal drug laws
• Mandatory minimum sentencing laws require set prison terms for federal drug crimes

Federal law divides drugs into five schedules – I through V. Schedule I drugs have no medical use and high abuse potential. Things like heroin, LSD, and ecstasy are Schedule I. Schedule V drugs have medical uses and low abuse potential. Cough syrup with codeine is Schedule V.

Where a drug falls on the schedule affects federal charges and penalties. Simple possession of any schedule I-IV drug is a federal misdemeanor. Maximum penalties are 1 year in prison and a $1000 fine. Possession of a Schedule V drug is a civil penalty up to $1000.

Federal law sets mandatory minimum sentences for drug trafficking. This means judges can’t give lighter sentences, even for first offenses. Mandatory minimums range from 5 years to life in prison depending on the drug and amount.

State Drug Possession Laws

Most drug cases happen at the state level. Exact laws and penalties vary a lot between states. But some common things:

• Possession of any amount is often a misdemeanor. Penalties may include probation, fines, drug counseling, and up to 1 year in jail.
• Possession of larger amounts, or multiple prior convictions, can lead to felony charges. These bring lengthier jail terms and bigger fines.
• Penalties are higher for drugs like cocaine and heroin versus marijuana.
• Some states have decriminalized small amounts of marijuana. You’ll get a civil fine instead of jail time.
• In states with legal recreational or medical marijuana, possession laws don’t apply to legal amounts.

Many states also have mandatory minimum sentencing for drug possession:

• School zone enhancements add extra penalties for drug crimes near schools and parks.
• Habitual offender laws mandate prison for repeat drug offenders.
• Three strikes laws require life sentences after three felonies, including drug crimes.

Defenses to Drug Possession Charges

Fighting a possession charge starts with getting evidence suppressed. An illegal search means cops violated your 4th Amendment rights. Any evidence found gets thrown out. Your lawyer may argue the police lacked probable cause for a search. Or didn’t have a valid warrant.

Police make mistakes in field drug tests all the time. False positives are common with things like sugar or baking soda. Your lawyer can demand lab testing to confirm the substance. Prosecutors may drop the charges once the “drugs” test negative.

For conviction, prosecutors must prove you knowingly possessed the drugs. It’s not enough that cops found drugs in your home or car. Your lawyer can argue you:

• Didn’t know the drugs were there
• The drugs belonged to someone else
• Someone planted the drugs on you

If someone else confesses the drugs were theirs, charges against you may get dropped. Your lawyer may also challenge if police followed proper procedures during your arrest.

Federal Drug Possession Penalties

Maximum penalties under federal law depend on the drug schedule:

• Schedule I drugs – 1st offense: Up to 1 year in prison and $1000 fine. 2nd offense: At least 15 days and up to 2 years plus $2500 fine. After 2+ offenses: At least 90 days and up to 3 years plus $5000 fine.
• Schedule II drugs – 1st offense: Up to 1 year and $1000 fine. After 1+ offense: Up to 2 years and $2500 fine.
• Schedule III drugs – 1st offense: Up to 1 year and $1000 fine. After 1+ offense: Up to 2 years and $2500 fine.
• Schedule IV drugs – 1st offense: Up to 6 months and $1000 fine. After 1+ offense: Up to 1 year and $1000 fine.
• Schedule V drugs – Civil penalty up to $1000.

Mandatory minimums for trafficking are much harsher, especially for repeat offenders. Even small amounts can lead to a decade or more in federal prison.

California Drug Possession Laws

California divides drug possession into two categories:

• Simple possession – Having drugs for personal use. Charged as a misdemeanor unless the amount is excessive.
• Possession for sale – Having drugs meant for selling. Always a felony charge in California.

Amounts that exceed personal use limits lead to “possession for sale” charges. Penalties get harsher the larger the quantity cops find you with:

• Less than 1 oz marijuana – Max 6 months county jail and $500 fine
• 1-28.5 grams cocaine – 2-4 years state prison
• 1-4 grams meth – 2-4 years state prison
• 14-28 grams heroin – 3-5 years state prison

Prior drug convictions add 3 years per offense. Sales near schools get enhanced penalties. Large amounts (called “excessive”) face felony simple possession charges.

Florida Drug Possession Laws

Florida has tough penalties for even minor drug possession:

• 20 grams cannabis – 1st offense misdemeanor, up to 1 year jail, $1000 fine
• 3 grams cocaine – 3rd degree felony, up to 5 years prison, $5000 fine
• 10 grams meth – 2nd degree felony, up to 15 years prison, $10,000 fine
• 4 grams heroin – 1st degree felony, up to 30 years prison, $10,000 fine

Penalties go up fast for multiple offenses or larger amounts. Florida also has mandatory minimums and enhanced penalties for drug crimes near schools, parks, churches, and public housing.

Texas Drug Possession Laws

Texas has some of the harshest drug possession penalties:

• Less than 2 oz marijuana – Class B misdemeanor, up to 180 days jail, $2000 fine
• Less than 1 gram cocaine – State jail felony, 180 days to 2 years prison, up to $10,000 fine
• Less than 1 gram meth – State jail felony, 180 days to 2 years prison, up to $10,000 fine
• Less than 1 gram heroin – State jail felony, 180 days to 2 years prison, up to $10,000 fine

Amounts over 1 gram become more serious felonies. Prior convictions can double sentences. Penalties also increase near schools, youth centers, and other protected areas.

Defending Against Possession Charges

Fighting drug possession charges starts with getting a lawyer fast. Police often violate rights during searches and arrests. A lawyer can get illegal evidence thrown out before trial. This may lead to dropped charges.

Your lawyer will also closely examine if police followed procedures. Clerical errors in warrants and reports can invalidate arrests. Challenging faulty field drug tests is another common defense strategy.

For conviction, the state must prove you knowingly possessed the drugs. Your lawyer can raise reasonable doubt by arguing:

• The drugs belonged to someone else
• You didn’t know about the drugs
• Someone planted the drugs on you

A confession by the real owner often gets charges dismissed. Proving you had no way to know about drugs hidden in your home or car can also beat the charges.

Conclusion

Drug possession laws vary widely between states. But even minor possession can bring jail time and a criminal record. Never try to talk your way out of charges or handle your case alone.

An experienced criminal defense lawyer will know the laws and penalties where you’re charged. They can build the strongest defense to fight the charges and seek reduced penalties. Don’t take chances with your future. Get a lawyer on your side immediately after an arrest.