|
Possession of a controlled substance is not always considered a crime. The possession and use of certain controlled substances is considered legal when under a doctor’s supervision or for medical research, but becomes illegal without proper justification. The illegal possession of a controlled substance carries serious penalties including monetary fines, mandatory drug treatment, probation, and even jail time. If you have been charged with drug possession in Greenville, SC, it is important to consult an experienced criminal defense lawyer to represent your case. Read on to get the answers to some of the most frequently asked questions about drug possession laws. What Are Controlled Substances? The U.S. federal government defines a controlled substance as any type of drug that requires a prescription, including illegal drugs. All controlled substances are classified in the Controlled Substances Act into 5 schedules according to their potential for abuse or dependence. Although this classification applies to federal drug cases, most individual states have also adopted the federal schedule. Possession, use, importation, distribution, or the sale of controlled substances with out a legal prescription is considered illegal and is subject to serious penalties. What Is Illegal Possession of a Controlled Substance? The illegal possession of a controlled substance occurs when an individual possesses a controlled substance without legal justification or permission. Criminal charges and penalties are typically applied when the individual is found in possession of dangerous drugs such as heroin, cocaine, methamphetamine, marijuana, or other types of narcotics. Possession of legal medications without a proper prescription also qualifies for possession charges and penalties. What Is Involved in a Drug Possession Conviction? In order to convict an individual of illegal drug possession, the prosecutor must prove the following elements of the crime: • Knowing: Drug possession is considered a crime whenever a person knowingly and intentionally possesses a controlled substance. Prosecutors can use the circumstances of the case to prove that the accused knew the drug was present and intended to control or use them. • Possession: The term “drug possession” can be defined as personal and physical control of an illegal substance. This element may include possession of illegal drugs in the accused’s personal custody or control of the drugs in the accused’s purse, car, or home. • Shared possession: An individual can be convicted of shared possession of a controlled substance if they had at least partial control over the drug. This element may include the conviction of roommates or married couples for the same crime. What Are the Penalties for Drug Possession? The penalties for drug possession in Greenville, SC, can vary depending upon a number of factors including the circumstances surrounding the crime, the specific type of drug involved, and the criminal history of the accused. The following are some of the most common penalties for drug possession: • Fines: Drug possession convictions commonly result in monetary fines that can range anywhere from $100 to $100,000 depending upon the circumstances of the crime. • Probation: Probation sentences require the offender to comply with specific terms and report regularly to a probation officer in order to avoid jail time. • Diversion: This type of penalty is similar to a probation sentence and may be used in cases of first-time offenders. Diversion programs require the offender to complete a behavior modification program and adhere to specific terms for 6 months. Upon completion of the program, the drug possession charges will be dropped. • Incarceration: Prison sentences can range from a few weeks to 10 years depending upon the circumstances of the crime. • Rehabilitation: Some states allow the offender to enter a drug treatment program instead of incarceration. This penalty may also be required in probation sentences. Robert E. Ianuario is your trusted attorney for drug possession Greenville SC. If faced with a drug charge, you need an attorney with expertise in the law for drug crimes. Visit our page on http://www.ianuariolaw.com/drug-cases/ for more info!
Related Articles -
drug, possession, greenville, sc,
| 
