Question: Is Possession A Felony?

Is possession a felony or misdemeanor?

Possessing “illegal drugs” may be charged as a misdemeanor or a felony, a more serious charge.

The prosecutor’s choice will depend on the type of drug involved (sometimes, possessing a certain type of drug will automatically lead to felony charges)..

What does it mean if something is a controlled substance?

A controlled substance is generally a drug or chemical whose manufacture, possession, or use is regulated by a government, such as illicitly used drugs or prescription medications that are designated by law. … The controlled substances do not include many prescription items such as antibiotics.

The United States has clear, explicit drug laws at the federal, state, and local levels. Sometimes just being around drugs can justify an arrest and conviction, even if you’re not using drugs and the drugs aren’t yours. Depending on the laws in your area, even having drug paraphernalia may be cause for an arrest.

What is a Schedule 1 drug violation?

Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote. Schedule II.

What is considered simple possession?

Simple possession can be defined as: knowingly possessing a substance; casually exchanging a substance or giving out ½ an ounce at most of marijuana; or. possessing a substance without a valid medical prescription.

Can a felony drug charge be reduced to a misdemeanor?

A felony charge can be dropped to a misdemeanor charge through a plea bargain, mistake found by the arresting officer or investigations, or by good behavior if probation was sentenced for the crime. … For example, a Federal crime as serious as terrorism will never be a misdemeanor and therefore cannot be reduced.

How much Xanax is a felony?

Possession of more than 200 Grams but less than 400 Grams of Xanax: Second Degree Felony and carries 2 years to 20 years in Prison and up to a $10,000 fine. Possession of 400 Grams or more of Xanax: First Degree Felony and carries 5 years to 99 years or life in prison and up to a $10,000 fine.

What class felony is possession of a controlled substance?

Possession of a Schedule I Controlled Substance: Class I felony, unless the substance is 1 gram or less of MDPV (which would be a Class 1 misdemeanor). Class I felonies can be punished up to 24 months in prison.

What makes a felony a felony?

In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by exactly one year or less, it is classified as a misdemeanor.

Are all drug charges felonies?

The most severe of all drug charges issued are felony, and these could lead to the person’s conviction and sentence to prison for several years or decades. Most states have both misdemeanor and felony drug charges. This usually holds true for every crime, but there are exceptions.

Is possession of a prescription drug a felony?

Penalty for Unlawful Possession of Prescription Drugs in California. Unlawful possession of prescription drugs falls under “unlawful possession of a controlled substance” in California law, which is a misdemeanor punishable by up to a year in county jail and a fine of up to $1,000.

What happens if you get caught with a controlled substance?

Many drug possession convictions result in fines. These can range from very minor fines of $100 or less to significant fines of $100,000 or more. Incarceration. Jail or prison time is also possible when a person is convicted of possession of a controlled substance.

Is possession of opioids a felony?

Opioid-related felonies are classified as Penalty Group 1 offenses, meaning that they carry the most severe of penalties. … In general, even possession of a small amount of opiate can lead to several years in prison. Distribution of large amounts of these drugs could result in up to 99 years in prison.

What are the sentences for drug possession?

Depending on the drug type and amount, the sentence can range from 18 months or a $2,000 fine or both to life imprisonment. For example, marijuana trafficking or possession for the purposes of trafficking may be 5 years less a day for amounts under 30 kilograms and life imprisonment for any amount over 30 kilograms.