What type of crime is possession of a controlled substance?
Possession of a controlled substance for sale – HS 11351. California Health and Safety Code 11351 HS makes it a felony to possess certain controlled substances in order to sell them. Note that, in comparison to this law, a person will be guilty under HS 11350 even if no intent to sell the substance.
What are the different types of drug charges?
There are different types of drug charges and drug crimes: (1) drug possession, (2) possession of drug paraphernalia, and (3) possession with intent to sell, manufacture or deliver, also known as trafficking.
What happens during the first suspension if someone is caught violating the GA Controlled Substance Act?
In Georgia, if this is a first-time offense, you may be able to get the charges discharged on the condition that you have not been convicted of any drug-related crimes. The court will likely impose a period of probation.
How often are people arrested for drug possession?
Every year, thousands of people are arrested on drug possession charges. Many of these charges relate to very small amounts of controlled substances in a person’s car or on their person.
What happens if you get charged with drug possession?
If you or someone you know has been charged with drug possession, take it seriously. While many consider this a “minor crime,” it can have very major consequences, including jail time, lengthy probationary periods, drug screens, fines, administrative costs, etc.
Can a person be charged with attempted possession of cocaine?
He should not be charged with attempted possession of the drug he believed it to be. “Crack” cocaine is a Class A controlled drug, being a “preparation or other product containing a substance” which is a controlled drug (Schedule 2 part 1 paragraph 5 of the Act). It is cocaine for the purposes of the Act, see R v Russell (1992) 94 Cr. App. R 351.
How are drugs specified in the Controlled Drugs Act?
Drugs are “controlled drugs” if they are specified as being of Class A, B or C, as set out in Parts I, II or III of Schedule 2 to the Act. Each drug that is individually controlled is specified by reference to its proprietary and/or chemical name (as opposed to a brand name), which can be further described within the Act (like cannabis).
What to do if you are charged with possession of a controlled substance?
Since the outcome for drug cases heavily rely on state criminal laws, you should contact a local drug lawyer if you are facing charges for possession of a controlled substance. Your attorney can help you prepare a case, determine if there are any defenses available to raise against your charges, and provide representation in court.
What are the penalties for possession of a controlled substance in Texas?
Under state law ( Texas Controlled Substances Act, Health & Safety Code, and Texas Penal Code), a conviction, and sometimes even just an arrest, for possession of a controlled substance is subject to strict criminal penalties. So, what exactly are the penalties for drug possession in Texas?
Can you prove constructive possession of a controlled substance?
If drugs are found in rooms that all the roommates share and have access to, such as a kitchen, bathroom, dining room, and so on, then it will be hard to prove that only one of the roommates had complete constructive possession over the drugs.
When is aggravated possession of drugs a felony?
(c) If the amount of the drug involved equals or exceeds five times the bulk amount but is less than fifty times the bulk amount, aggravated possession of drugs is a felony of the second degree, and the court shall impose as a mandatory prison term a second degree felony mandatory prison term.