This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
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.
Possession of a Controlled Substance A conviction for this offense is punishable by a jail sentence of up to one year. However, as a first-time offender, you can enter a drug diversion program and avoid incarceration for your offense.
Under California drug sentencing guidelines, most instances of simple drug possession (for personal use) get charged as misdemeanors rather than felonies. The crime is punishable by: imprisonment in county jail for up to one year, and/or. a maximum fine of $1,000.
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.
Simple possession of a controlled substance, also known as drug possession for personal use, is California's least severe drug offense. Typically, it is a misdemeanor that carries up to 1 year in county jail. You may also be eligible for a drug diversion program.
If you're wondering, “What are low-level drug offenders?” the simplest answer is someone who has committed a minor, non-violent offense, such as possessing a small amount of a controlled substance that has minimal risk of abuse and commonly accepted medical uses.
Mandatory Minimums for Drug Crimes SubstanceMinimumMaximum Trafficking 21 U.S.C. § 841(b)(1)(A)/960(b)(1) substances (e.g., 1 kilo or more of heroin) 10 years life if death or serious injury results 20 years life with prior drug felony conviction 20 years life27 more rows •
Simple possession, or possession of a controlled substance for personal use, is typically treated as a misdemeanor, especially for first-time offenders. Penalties may include up to one year in jail, probation, fines, and participation in a drug treatment program.
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.