In Pennsylvania, simple possession is a misdemeanor. Regardless of the type of drug a person possesses, it is illegal to distribute and use any dangerous drug in the United States. Not only will they cause physical harm to the body over time, but they will also affect a person's mental state as they continue to use the drug. The rules and penalties surrounding drug possession differ by state.
Although most drugs are considered illegal throughout the country, many states base punishment for drug possession on the amount and type of drug a person is carrying with them. To understand this topic a little more, here are the laws surrounding drug possession charges. Possession, use, or distribution of illegal drugs is prohibited by federal law. There are strict penalties for drug convictions, including mandatory prison sentences for many crimes.
The following information, while not complete, is an overview of federal penalties for first convictions. All penalties are doubled for any subsequent drug convictions. What is a controlled substance? Learn About Drug Possession Penalties and Your State's Laws. Possession of Drug Paraphernalia Along with drug possession charges, drug paraphernalia possession charges are one of the most commonly charged offenses in any jurisdiction.
Understand the legal definition, circumstances, and penalties for illegal possession of drug paraphernalia. The crime of drug possession is often prosecuted at the state level, although medical marijuana laws have altered that landscape in some states. Controlled substances are drugs and other materials whose possession and use the federal government has decided to regulate. Choose a state from the map or list below for state-specific drug possession laws, including detailed descriptions of specific state drug possession offenses, penalties, and more.
The police could also charge the driver with possession if passengers are found with drugs on their person, or vice versa. However, the prosecution does not have to prove that the defendant knew that the drugs were controlled or that possession in this circumstance was illegal. For information on controlled substance laws in your state, go to the section on controlled substance laws by state. People convicted of drug possession under state or federal law are not eligible to receive federal student grants and loans or to participate in federally sponsored research grants or contracts until one year after the first conviction and up to five years after the second conviction; the penalty for distributing drugs is loss of benefits for five years after the first conviction, 10 years after the second and permanently after the third.
Often, circumstantial evidence provides this test, which also shows that more than one person possessed the drugs. When most people hear the words “drug trafficking”, they imagine drug traffickers or international drug smugglers; professional criminals. Illegal possession of a controlled substance occurs when a person owns or otherwise possesses a drug or other controlled substance, without legal justification or permission. The choice of the prosecutor will depend on the type of drug involved (sometimes, possessing a certain type of drug will automatically lead to felony charges).
Drug manufacturing laws are most commonly seen in cases where someone grows marijuana or produces methamphetamine, but they can apply in any situation where a controlled substance is involved. In order to stop drug abuse in the country, programs have been implemented to help classify which drugs are harmless and which are dangerous. To convict someone of illegal possession of a controlled substance, the prosecutor must prove that the defendant knowingly possessed the drug. Another way states try to reduce drug possession is to implement a three-strike rule for their residents.
While the penalties for possession are generally not as great as for the manufacture and distribution of drugs, possession of a relatively large quantity can be considered distribution. . .