If you or someone you know has been charged with possession of an illegal substance, the penalty that you receive will vary depending upon the schedule of the drug that is involved. The schedule system organizes controlled substances according to their normal medical use and their likelihood of abuse and dependency. Schedule 6 substances are at the lower end of the spectrum when it comes to addiction and dependency.
Types Of Schedule 6 Substances
Because schedule 6 substances are at the bottom of the list of highly addictive drugs, they do not typically include any prescriptions or medicines. The most commonly known schedule 6 substance is marijuana, though other unconventional recreational drugs are also included, such as toluene (in spray paint), amyl nitrite (poppers), and nitrous oxide (in many aerosols).
Schedule 6 Possession Penalties
Possession of a controlled substance is typically charged as a misdemeanor, which may require jail time of up to 30 days and a fine of $250. The amount of a substance possessed when charged is irrelevant, and the first charge is typically the most lenient. Future repeat offenses are still misdemeanors, but the penalty may increase to up to a year in prison and $2500 in fines.
Schedule 6 Possession With Intent To Distribute Penalties
Intent to distribute means that a person possesses a controlled substance with the intention of selling or giving it to someone else. The court will look at a variety of factors—packaging, quantity, the presence of large sums of money, or paraphernalia—to determine whether an instance constitutes possession with intent to distribute. The penalties for schedule 6 distribution are a misdemeanor charge and jail time, a fine, or both. The prison sentence is typically one year, while the fine may be as high as $2500.
Criminal Defense For Possession
A skilled criminal defense attorney will fight on your behalf to have charges dropped or penalties reduced in severity. One of the most common defenses for both possession and possession with intent to distribute is intention; in other words, a criminal defense lawyer may argue that the defendant possessed the substance unknowingly or without intention. Simple proximity to a drug does not necessarily implicate you.
Reach Out To A Criminal Defense Attorney
A criminal defense attorney skilled in drug possession and distribution cases will be your most valuable asset in dealing with charges related to controlled substances. In order to convict a person, the court must prove beyond a reasonable doubt that the accused knew of the drug, what it was, and that he or she intentionally possessed it. An experienced attorney can help you to argue against these points and provide reasonable doubt to support your case.
Get in touch with The Law Offices of Kermit A. Monge to determine a strategy for your case based on your unique situation and circumstances. A drug possession accusation is stressful, but an experienced attorney can help you get back on track. Give us a call at 571.559.7229 or request a consultation online.