The Different Layers of Drug Possession

Those found guilty of drug possession are some of the most harshly charged people in the United States. Even in 2024, the number of people incarcerated for drug crimes is over 360,000. When you are facing a drug possession charge, you need to contact a criminal defense attorney immediately.

It’s crucial to be aware of the many types of drug possession charges in the U.S. and the different criteria that they are based on. 

When you contact the lawyers at Pike Law, we will begin working on your defense immediately and help you avoid harsh punishment in court for drug possession. We will also work to protect your freedom. Don’t wait, every second counts when your freedom is at stake.

What is a Drug Possession Charge?

Drug possession comes in many forms. These forms rely on a combination of characteristics, including the reasons for using drugs, the type of drug used, and the amount of illegal substances possessed.  

Importance of Intent

Criminal court identifies four types of intent: to use recreationally, to sell, to traffic, and to manufacture. These four types are of ascending severity and their punishments may vary.

• Recreational Use: This means that you are being accused of having drugs in your possession to use them. Unless there is an additional charge against you, this is the least severe type of intent.
• Selling Drugs: This means that you are being accused of having drugs in your possession to sell them. Selling drugs is often considered worse than using them because it adds to drug abuse in your community. The prosecution and court may charge and punish you for harming the people you are accused of selling to.
• Drug Trafficking: This means that you are being accused of transporting drugs for sale. Trafficking charges are serious because they involve having a large amount of drugs and contributing to drug issues in many areas of society.
• Drug Manufacturing: This means that you are being accused of producing drugs on a large scale to be trafficked and sold. This is the most serious type of intended use for drugs. You are being recognized as being the source of the drug problem in multiple communities.

Importance of Drug Type

The type of drug you possess is important. Some drugs are legal in certain states for specific reasons. Some drugs require a prescription. Others are illegal everywhere in the United States. Charges for drug possession can be complicated because of this. Possessing a prescription drug for personal use may be legal in some situations, but not others.

Drugs are separated into four types called Schedules, according to the DEA. Authorities created Schedules based on how addictive, legal, and harmful drugs are to users.

• Schedule I: These drugs are characterized as having no accepted medical use and a high potential for abuse. Examples include “Heroin, Lysergic Acid Diethylamide (LSD), Marijuana (Cannabis), 3,4-methylenedioxymethamphetamine (Ecstasy), Methaqualone, and Peyote.”
• Schedule II: These drugs have a high potential for abuse, and also have a history of leading to severe psychological or physical dependence. While these drugs are considered dangerous, they have a medical or mechanical use so they are legal in certain contexts. Examples include “Vicodin, Cocaine, Methamphetamine, Methadone, Hydromorphone (Dilaudid), Meperidine (Demerol), Oxycodone (OxyContin), Fentanyl, Dexedrine, Adderall, and Ritalin.”
• Schedule III: These drugs have a moderate to low potential for physical and psychological dependence, especially compared to Schedule I and II drugs. Examples include “products containing less than 90 milligrams of codeine per dosage unit, such as Tylenol with codeine, Ketamine, Anabolic steroids, and Testosterone.”
• Schedule IV: These drugs have a low potential for abuse and a low risk of dependence, so they can only purchased in certain quantities. Examples include “Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, and Tramadol.”
• Schedule V: The difference between Schedule IV and V is that Schedule V drugs have less potential for abuse. They are used for antitussive, antidiarrheal, and analgesic purposes. Examples include “cough medicine with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, and Parepectolin.”

All Schedule I drugs are illegal to sell, ship, or manufacture, but there are exceptions for certain drugs in Schedule II through V. You need a license for sale, shipping, and/or manufacturing for these drugs, and you can only possess them in certain settings. Some drugs in Schedules II through V are also allowed to be carried as long as you have the correct amount prescribed. You can possess these drugs on your person if you do not exceed the prescribed amount.

Importance of Amount

The amount of an illegal substance that you have on you will inform authorities of your intended use. Someone with a smaller amount, for prescription use, is likely to intend to use it, but someone with a larger amount, especially if it is divided into specific amounts, is likely to sell it. Being in possession of a significant amount will likely lead authorities to believe you are shipping/trafficking the drugs. If you are in possession of several materials necessary for the creation of certain illegal substances, you will likely face drug manufacturing charges.

Contact the Drug Possession Attorney at Pike Law as Soon as Possible

Drug possession has led to the imprisonment of thousands of people across the United States. To give yourself a chance of staying out of prison, contact the criminal defense team at Pike Law for help.

We have been defending the freedoms of people in Northeastern Pennsylvania for over 35 years. We know how the prosecution and criminal courts will pursue you, and we will do our best to defend and protect your freedom and future. Schedule a consultation today.