Federal and state drug possession laws make it a crime to willfully possess illegal controlled substances such as marijuana, methamphetamine, cocaine, LSD, "club drugs," and heroin. These laws also criminalize the possession of "precursor" chemicals used in drug cultivation and manufacturing, as well as certain accessories related to drug use.

Drug possession laws vary according to drug type, amount, and geographic area of the offense. Possession of small quantities may be deemed "simple" possession, while possession of large amounts may result in a charge of presumed "possession with intent to distribute."

Marijuana

The dictionary definition of Marijuana is:

1)  The cannabis plant.

2)  A preparation made from the dried flower clusters and leaves of the cannabis plant, usually smoked or eaten to induce euphoria.

Possession Defined

The legal definition of Possession is:

n. 1) Any article, object, asset or property which one owns, occupies, holds or has under control.

2) The act of owning, occupying, holding or having under control an article, object, asset or property. "Constructive possession" involves property which is not immediately held, but which one has the right to hold and the means to get (such as a key to a storeroom or safe deposit box). "Criminal possession" is the holding of property which it is illegal to possess such as controlled narcotics, stolen goods or liquor by a juvenile. The old adage "possession is nine-tenths of the law" is a rule of force and not of law, since ownership requires the right to possess as well as actual or constructive possession.

Drug Facts

Each state and the federal government have laws against the unlawful use, manufacture and distribution of drugs. The purpose of these laws is to reduce the unlawful consumption of drugs, reduce drug-related crimes and severely punish repeat offenders and major drug dealers.

According to Human Rights Watch (HRW), which monitors crime and punishment in the United States and around the world, the great majority of drug offenders who are incarcerated under mandatory sentencing laws are nonviolent men and women. These offenders are often convicted of low-level drug-related offenses. They may spend years in prison. "Whether repeat or first-time offenders," notes a HRW report, "whether convicted of possession, sale, possession with intent to sell or attempted sale, most of these offenders are guilty of minor crimes for which they should be held accountable - but for whom prison is a misguided sentence."

A few facts on drug offenses:

• One in four imprisoned drug offenders is convicted of simply possessing drugs
• Most drug offenders are nonviolent
• Most minimum sentences range from one year in jail to three years in prison for first-time offenders; and three years to 12 years in prison for second or repeat offenders

Over the past twenty years, the declared "war on drugs" has failed to end substance abuse, but it has succeeded in punishing many Americans who might otherwise lead productive lives. A felony conviction, even for a minor drug offense, is a heavy burden for anyone going back into the job market. And while it is difficult to determine in advance the exact sentence an alleged drug offender faces, rarely does a defendant get off lightly without the benefit of an experienced criminal defense attorney.

Drug Schedules

Federal drug statutes establish schedules of controlled substances, defining and classifying illegal drugs. The Attorney General has the authority to delete, add, or re-schedule substances according to certain criteria. State schedules refer to, or are based upon, federal schedules. Drugs included on these schedules are referred to as "Controlled Dangerous Substances" (CDSs).

Punishment

The seriousness of and ultimate punishment for drug crimes generally depends upon:

• The quantity of the drug
• Its classification under the schedules
• The purpose of its possession

Producing, manufacturing, and selling illegal drugs are the most serious drug crimes. For example, a person "dealing" (selling) five or more ounces of heroin or cocaine may be imprisoned for more than 10 years. Possession of drugs with the intent to distribute is also a serious crime. The intent to distribute may be inferred from the quantity of the drug, without any evidence of actual distribution.

In most states, possession of drugs for personal use is a serious crime. But in some states, possession of drugs for personal use is punished less severely than distribution crimes. For example, in some states, possession of a small amount of marijuana (less than 50 grams) is decriminalized or treated as a disorderly person's offense. A person convicted of a disorderly person's offense is generally not imprisoned, but may be placed on probation or ordered to pay a fine. However, possession of a larger quantity of marijuana or other drug, even if for personal use, is treated as a serious crime.

Enhanced Punishment

Some states have enhanced penalties for drug crimes.

These penalties go into effect if:

• Minors are used to distribute the drugs
• The drugs are delivered or sold to minors
• The drugs are sold or distributed on school property

Enhanced punishments vary from state to state. Forfeiture of property is also used as an additional punishment to deter drug crimes. For example, if your house is used to make and distribute drugs, the government may be able to seize your house.

POSSESSION OF MARIJUANA