Anyone facing drug charges of any kind should secure legal council, most charges will result in a felony and a permanent mark in your record. Typical drug charges include, possession, possession to sell or intent to sell, trafficking, distribution, and cultivation. Almost all drug charges will result in a felony and carry grave consequences, penalties and fines. Drug related misdemeanor charges are reserved for possession of marijuana for person use, being under the influence of an illegal drug, and possession of drug paraphernalia. Drugs are classified by the Federal government in schedule categories. The penalties for drug charges are dependent on the schedule classification of the drug in question.
Schedule 1 narcotics are deemed inherently dangerous with a high risk of addiction or dependency and have not been proven to have any legitimate medical application. Like schedule 1 drugs, schedule 2 narcotics are considered to be drugs with a high risk of addiction. Unlike schedule 1 narcotics, drugs considered schedule 2 have proven to have some legitimate medical uses. Schedule 3 drugs are considered by the federal government to be less dangerous then the first two classifications, but can still have a moderate risk of abuse and/or addictive properties. Schedule 3 drugs also have medical applications if used properly and under the supervision and prescription of a licensed medical professional. Schedule 4 narcotics are considered to have a slight risk of dependency and have been found to have legitimate medical use and are often prescribed by physicians. Schedule 5 drugs are substances with a negligible risk of addiction or dependency and can be prescribed and used frequently with low inherent risk to the user.
Felony drug charges can lead to serious jail time. Although most drug charges will result in a felony with the possibility of imprisonment up to three years, schedule 1 and 2 controlled substances are considered more dangerous and carry a high potential for sever penalty. Cases involving class 1 narcotics lead to charges resulting in punishment of imprisonment between 3 and 9 years. The amount of drugs possessed at the time of arrest will be a determining factor for calculating punishment. Intent to distribute and/or sell a class 3, 4 or 5 is a felony and shall be punished by imprisonment for two to four years. Every person who transports, imports, into the state, sells furnishes, administer, or give away, offers to to do any of the previous listed offenses will receive a felony and could receive jail time up to 5 years. For businesses or professionals distributing illegally or with out a license shall be punished by imprisonment not exceeding one year and/or a fine of up to $10,000. If a minor is associated in the charges the penalties are higher. Inducing a minors involvement with a controlled substance can is punishable by imprisonment up to, but not exceeding, 9 years. Drug charges involving a firearm have the potential for higher penalties and/or fines. The last consideration is the offenders prior drug related criminal history, repeat offenders will receive higher penalties. All drug charges are to be taken seriously. A felony on your record will have a great effect on your future and future potential.
MLG Defense is a local criminal defense lawyer specializing is various services from battery, domestic violence, Alien Smuggling, Drugs, DUI, Fraud, Sexual Abuse and Theft. With a local office downtown San Diego most of MLG Defense client are based out of Southern California.