Drug possession is one of the most diverse and common types of criminal drug charges that Americans face today. It can also be one of the most serious, depending upon the specifics of the possession charge. Essentially, possession is the act of possessing illegal drugs, either on one’s person or on their property. Simple possession charges are often minor misdemeanor offenses, while manufacturing or intent to distribute possession charges are much more serious. Numerous guidelines were put in place in 1986 to help reduce the prevalence of drugs in the country, and today possession remains a very common offense.
Drug Possession Laws
Most of today’s possession laws stem from the drug laws signed into effect in the mid-1980s. These laws focused on creating minimum sentences for high level distributors of drugs, but still carry very strict guidelines for sentencing lower level offenders as well. Laws will vary depending on the type of drug in possession, the amount of the drug in possession, and more. Also, state laws may apply in addition to federal offenses.
In order to be convicted of possession, a suspect must be shown to knowingly possess a drug, that they had control over the drug, and that they knew beyond a reasonable doubt that the drug was considered a controlled substance. For instance, in some cases people in possession of prescription drugs have been shown to be unaware of the illegality of possessing the drug in question. These situations are rare, but do happen. In most cases there are two categories of possession one can be charged with – simple possession and possession with intent to distribute. Of these, possession with intent to distribute is the more serious and carries the heavier sentences.
Drug Possession Crimes and Charges
As mentioned above, the two main categories of possession are possession with intent to distribute and simple possession. Each of these is defined differently and carries very different sentences.
- Simple possession is defined as possession of controlled substances for personal use only. For instance, those found with a small amount of marijuana or cocaine in a single bag or container will usually be found guilty of simple possession. These charges usually carry smaller prison sentences, probation, or fines.
- Possession with intent to distribute is a much more serious offense and will often be a felony instead of a misdemeanor offense like simple possession often is. This is often referred to as ‘drug dealing’, and factors that determine whether or not intent to distribute is present include things like larger amounts of a drug, multiple containers or individual packages of drugs, paraphernalia like digital scales or other items used to facilitate the sale of drugs, and more. These charges can come with heavy fines and long prison sentences.
Different states have guidelines in effect that help determine what amount of a drug is considered to be simple possession and at what threshold intent to distribute is present, and the specifics of each case will determine what type of charges one faces.
Drug Possession Punishment
The punishment for possession can vary widely, due to numerous factors including the amount of a drug in possession, whether or not intent to distribute is present, previous criminal history, and the state charges are being filed in. As a result, the specifics of a punishment are difficult to list in broad terms.
Simple possession can carry fines of between $30 and $20,000 depending on the drug and the state one is being charged in. Prison sentences for simple possession can range from 15 days to up to 10 years. On the other hand, possession with the intent to distribute can carry fines of tens or even hundreds of thousands of dollars and carry prison sentences of up to 25 years or more.
There are many factors that can dictate the punishment a person faces. Criminal history – particular history of drug possession or distribution – will increase the sentence. The type of drug will as well. Drugs like marijuana often carry lighter penalties than cocaine or methamphetamine. And the amount of the drug will also factor into sentencing.
Drug Possession Sentencing Guidelines
There are numerous specific guidelines used by judges during possession sentencing. According to state and federal laws, several things will be used to determine the sentence including:
- Age of offender
- Previous criminal history
- Type of drug
- Amount of drug
- Any additional factors like paraphernalia or items that aid in distribution.
Drug Possession Statute of Limitations
In most cases the statute of limitations for drug charges is 3 years, after which an offender cannot be charged or convicted of the crime.
Drug Possession Cases
Possession is such a common charge that there are simply too many notable possession cases to list. Celebrities ranging from Paris Hilton to Gary Busey to Bruno Mars have all been charged with possession at one time or another, and thousands of others face the charges every day.
Drug Posession Laws by State
Drug possession involves the unlawful holding or control of illegal substances. The laws and penalties for drug possession vary by state:
Under Code of Alabama Section 13A-12-212:
- Possession of a controlled substance is considered a Class D felony, punishable by 1 to 5 years in prison and fines up to $7,500.
Under Alaska Stat. Section 11.71.050:
- Possession of a controlled substance is a Class A misdemeanor, with penalties including up to 1 year in prison and fines up to $10,000.
Under Arizona Revised Statutes Section 13-3405:
- Possession of marijuana is a Class 6 felony, punishable by up to 2 years in prison and significant fines.
Under Arkansas Code Section 5-64-419:
- Possession of a controlled substance is a Class D felony, punishable by up to 6 years in prison and fines up to $10,000.
Under California Health and Safety Code Section 11350:
- Possession of a controlled substance is a misdemeanor, with penalties including up to 1 year in county jail and fines up to $1,000.
Under Colorado Revised Statutes Section 18-18-403.5:
- Possession of a controlled substance is a Level 1 drug misdemeanor, punishable by up to 18 months in jail and fines up to $5,000.
Under Connecticut General Statutes Section 21a-279:
- Possession of a controlled substance is a Class A misdemeanor, punishable by up to 1 year in prison and fines up to $2,000.
Under Delaware Code Title 16, Section 4754:
- Possession of a controlled substance is a Class B misdemeanor, with a potential sentence of up to 6 months in prison.
Under Florida Statutes Section 893.13:
- Possession of a controlled substance is a third-degree felony, punishable by up to 5 years in prison and fines up to $5,000.
Under Georgia Code Section 16-13-30:
- Possession of a controlled substance is a felony, with penalties up to 15 years in prison and fines.
Under Hawaii Revised Statutes Section 712-1243:
- Possession of a controlled substance is a Class C felony, which includes a potential 5-year prison sentence.
Under Idaho Code Section 37-2732:
- Possession of a controlled substance is a felony, punishable by up to 7 years in prison and fines up to $15,000.
Under Illinois Compiled Statutes 720 ILCS 570/402:
- Possession of a controlled substance is a Class 4 felony, with penalties of 1 to 3 years in prison and fines up to $25,000.
Under Indiana Code Section 35-48-4-7:
- Possession of a controlled substance is a Level 6 felony, punishable by 6 months to 2.5 years in prison and fines up to $10,000.
Under Iowa Code Section 124.401:
- Possession of a controlled substance is an aggravated misdemeanor, punishable by up to 2 years in prison.
Under Kansas Statutes Section 21-5706:
- Possession of a controlled substance is a Class A nonperson misdemeanor, which could result in up to 1 year in jail and fines up to $2,500.
Under Kentucky Revised Statutes Section 218A.1415:
- Possession of a controlled substance is a Class D felony, punishable by 1 to 5 years in prison.
Under Louisiana Revised Statutes Section 40:966:
- Possession of a controlled substance is a felony, punishable by 2 to 10 years in prison and fines up to $5,000.
Under Maine Revised Statutes Title 17-A, Section 1107-A:
- Possession of a controlled substance is a Class D crime, punishable by up to 1 year in prison and fines up to $2,000.
Under Maryland Code, Criminal Law Section 5-601:
- Possession of a controlled substance is a misdemeanor, punishable by up to 4 years in prison and fines up to $25,000.
Under Massachusetts General Laws Chapter 94C, Section 34:
- Possession of a controlled substance is punishable by up to 2 years in prison and fines up to $2,000.
Under Michigan Compiled Laws Section 333.7403:
- Possession of a controlled substance is a felony, with a maximum penalty of up to 4 years in prison.
Under Minnesota Statutes Section 152.025:
- Possession of a controlled substance is a felony, punishable by up to 5 years in prison and fines up to $10,000.
Under Mississippi Code Section 41-29-139:
- Possession of a controlled substance is punishable by up to 8 years in prison, depending on the circumstances.
Under Missouri Revised Statutes Section 579.015:
- Possession of a controlled substance is a Class D felony, punishable by up to 7 years in prison.
Under Montana Code Annotated Section 45-9-102:
- Possession of a controlled substance is punishable by up to 5 years in prison and fines up to $50,000.
Under Nebraska Revised Statutes Section 28-416:
- Possession of a controlled substance is a Class IV felony, with a penalty of up to 2 years in prison.
Under Nevada Revised Statutes Section 453.336:
- Possession of a controlled substance is punishable by up to 4 years in prison and fines up to $5,000.
Under New Hampshire Revised Statutes Section 318-B:26:
- Possession of a controlled substance is a Class B felony, punishable by up to 7 years in prison.
Under New Jersey Statutes Section 2C:35-10:
- Possession of a controlled substance is considered a third-degree crime, with a typical sentence range of 3 to 5 years in prison.
Under New Mexico Statutes Section 30-31-23:
- Possession of a controlled substance is a fourth-degree felony, punishable by up to 18 months in prison.
Under New York Penal Law Section 220.03:
- Possession of a controlled substance is a Class A misdemeanor, punishable by up to 1 year in jail.
Under North Carolina General Statutes Section 90-95:
- Possession of a controlled substance is a Class 1 misdemeanor, punishable by up to 120 days in jail.
Under North Dakota Century Code Section 19-03.1-23:
- Possession of a controlled substance is a Class C felony, with a penalty of up to 5 years in prison.
Under Ohio Revised Code Section 2925.11:
- Possession of a controlled substance is a fifth-degree felony, with penalties including up to 12 months in prison.
Under Oklahoma Statutes Title 63, Section 2-402:
- Possession of a controlled substance is punishable by up to 5 years in prison and fines up to $10,000.
Under Oregon Revised Statutes Section 475.894:
- Possession of a controlled substance is classified as a Class C felony, which can result in up to 5 years in prison and fines up to $125,000.
Under Pennsylvania Consolidated Statutes Title 35, Section 780-113:
- Possession of a controlled substance is a misdemeanor, with penalties including a maximum of 1 year in prison and fines up to $5,000.
Under Rhode Island General Laws Section 21-28-4.01:
- Possession of a controlled substance is punishable by up to 3 years in prison and fines up to $5,000.
Under South Carolina Code Section 44-53-370:
- Possession of a controlled substance is a misdemeanor, punishable by up to 2 years in prison and fines up to $5,000.
Under South Dakota Codified Laws Section 22-42-5:
- Possession of a controlled substance is a Class 5 felony, punishable by up to 5 years in prison and fines up to $10,000.
Under Tennessee Code Annotated Section 39-17-418:
- Possession of a controlled substance is a Class A misdemeanor, punishable by up to 11 months and 29 days in jail and fines up to $2,500.
Under Texas Penal Code Section 481.115:
- Possession of a controlled substance is a state jail felony, punishable by 180 days to 2 years in state jail and fines up to $10,000.
Under Utah Code Section 58-37-8:
- Possession of a controlled substance is a Class A misdemeanor, punishable by up to 1 year in jail and fines up to $2,500.
Under Vermont Statutes Title 18, Section 4230:
- Possession of a controlled substance is punishable by up to 1 year in prison and fines up to $2,000.
Under Virginia Code Section 18.2-250:
- Possession of a controlled substance is a Class 5 felony, punishable by 1 to 10 years in prison and fines up to $2,500.
Under Revised Code of Washington Section 69.50.4013:
- Possession of a controlled substance is a Class C felony, punishable by up to 5 years in prison and fines up to $10,000.
Under West Virginia Code Section 60A-4-401:
- Possession of a controlled substance is a misdemeanor, punishable by up to 6 months in jail and fines up to $1,000.
Under Wisconsin Statutes Section 961.41:
- Possession of a controlled substance is a Class I felony, punishable by up to 3.5 years in prison and fines up to $10,000.
Under Wyoming Statutes Section 35-7-1031:
- Possession of a controlled substance is a felony, punishable by up to 7 years in prison.