Wrongful Possession Of A Controlled Substance In Sacramento
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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.
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.
Generally, for a court to find that a person had constructive possession of an object, the person must have had knowledge of the object, and as well as the ability to control it. For example, someone with keys to a safe deposit box may have constructive possession to the contents of that box.
Whether your constructive possession case involves illegal drugs, firearms, or anything else, the penalties can be detrimental. You could face fines, probation, imprisonment, and more, not to mention the hardships that can come from having a criminal record.
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 •
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.
However, if you are in possession of a controlled substance such as cocaine, methamphetamine, heroin, LSD, meth, ecstasy, ketamine, and prescription painkillers that one does not have a prescription for, then you are facing felony charges punishable by up to 3 years imprisonment.
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.
