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Wrongful Possession Of A Controlled Substance In Nevada
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Multi-State
Control #:
US-000303
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FAQ
It doesn't have to be physically on you. It doesn't have to be yours. If you know it's a controlled substance, and you exercise control over it (or could do so), then you're in possession.
There are three different types of possession that should be differentiated. These are actual, constructive, and joint possession. Each type has its own unique requirements and circumstances that must be met in order for it to be considered valid.
Federal law prohibits the unlawful manufacturing, distribution, use, and possession of controlled substances. Penalties depend on various factors, including the type and amount of the drug involved, and whether there is intent to distribute.
Penalties for illegal drug possession Class A misdemeanor — jail sentences of 180 days to 1 year and/or fines of up to $4,000. State jail felony — jail confinement of 180 days to 2 years and/or fines of up to $10,000. 3rd-degree felony — federal prison sentence of 2 to 10 years and/or fines of up to $10,000.
For example, you might be arrested for attempted possession of a controlled substance if you are caught trying to buy drugs from a drug dealer, but the drug dealer does not actually give you the drugs.
Schedule I and schedule II controlled substances: A conviction for trafficking 100 grams or more but less than 400 grams of these substances is a Category B felony punishable by 2 to 20 years in jail. A conviction for trafficking in more than 400 grams of these substances is a Category A felony.
… If the controlled substance is listed in schedule I, II, III or IV, is a category E felony. A category E felony provides for a minimum prison sentence of not less than 1 year and a maximum term of not more than 4 years in the Nevada Department of Corrections.
You can be convicted of possession of a controlled substance in Texas if you exercised “care, custody, and control” over a controlled substance. Attempted possession of a controlled substance occurs when you had “specific intent” to commit the crime of drug possession but failed to complete the crime.
Federal Drug Mandatory Minimum Sentences for Possession For possession, you won't be required to serve a mandatory minimum sentence, unless you have a prior drug conviction from federal or another state jurisdiction, then you'll be sentenced to no less than 15 days of incarceration with a maximum of up to two years.
Illinois law generally classifies possession offenses as felonies, with the severity determined by the Schedule of the controlled substance involved. Class 4 Felony: Possession of a small amount of a Schedule I or II controlled substance.