These categories include the following:
- Schedule I. Includes drugs with a high potential for abuse, no accepted medical use in the U.S., and a lack of accepted safety for use under medical supervision. Examples are heroin, LSD, and ecstasy.
- Schedule II. These drugs also have a high potential for abuse, which may lead to severe psychological or physical dependence, but have some accepted medical uses in the U.S. Examples include cocaine, methamphetamine, and certain opioids like oxycodone.
- Schedule III. Drugs in this category have a lower potential for abuse than Schedule II drugs, accepted medical uses, and moderate to low risk of physical dependence but a high risk of psychological dependence.
- Schedule IV. These substances have a lower potential for abuse than Schedule III drugs, accepted medical uses in the U.S., and limited risks of physical or psychological dependence. Examples include prescription medications like diazepam.
- Schedule V. This category represents drugs with the lowest potential for abuse relative to Schedule IV, have an accepted medical use in the U.S., and have a limited risk of dependence. Examples often include preparations containing limited quantities of certain narcotics, such as cough syrups with small amounts of codeine.
Understanding these categories is essential as the charges and penalties often hinge on the schedule a drug falls under and the amount possessed.
Potential Drug Possession Conviction Penalties
The penalties for drug possession are varied and depend heavily on the type and quantity of the controlled substance.
The legal system categorizes these offenses into different levels of misdemeanors and felonies, each carrying specific consequences:
- Level 4 drug felonies. Charges can arise under various circumstances, including possessing a mixture containing any amount of Ketamine or Gamma Hydroxybutyrate (GHB); or more than four grams of a Schedule I or II substance. Penalties can include imprisonment for up to one year and/or a fine of up to $100,000.
- Level 1 drug misdemeanors. These charges can be levied when a person possesses a mixture that contains no more than four grams of a Schedule I or II substance or any amount of a Schedule III, IV, or V substance. This category is treated with less severity, with potential incarceration for up to 18 months and/or a fine of up to $5,000.
Strategic Defenses Against Drug Possession Charges
Several strategic defenses can be employed to challenge the prosecution's evidence and arguments. These defenses are crucial for the accused, providing a pathway to potentially minimize or avoid penalties.
Common defense strategies in possession cases include:
- No possession/control. This defense argues that the accused did not have actual or constructive possession or control over the substance, thereby questioning the fundamental basis of the possession charge.
- Valid prescription. For certain controlled substances, the defense may present evidence that the accused had a valid prescription, thereby legalizing the possession.
- Unknowing possession. This strategy involves proving that the accused was unaware of the possession of the controlled substances, which can happen if drugs were placed in their belongings by someone else without their knowledge.
- Lack of knowledge. Similar to unknowing possession, this defense asserts that the accused did not know that the substance in their possession was illegal or controlled.
- Unlawful search and seizure. This defense argues that the evidence was obtained through a violation of the accused's constitutional rights, specifically the Fourth Amendment, which protects against unreasonable searches and seizures.
A skilled lawyer plays a pivotal role in articulating and advancing these defenses. They can meticulously examine the circumstances of the arrest and how the evidence was collected.
What to Do If You're Charged with Possession
Being charged with drug possession is a serious matter requiring swift and calculated actions to protect your rights and future. Exercise your right to remain silent, as anything you say can and will be used against you in court. Politely decline to discuss your case without an attorney present.
As soon as possible, contact a knowledgeable defense lawyer. Securing legal representation early is critical as your attorney can begin assessing the specifics of your case, determine a practical course of action, and start building a robust defense. They can also explore legal avenues to potentially mitigate the charges or pursue a favorable outcome.
At Denver Family Lawyers, we understand the complexities and the stakes involved in drug possession charges. We provide aggressive representation with a focus on comprehensive and meticulous defense strategies. Our team is thorough in our assessments and analyses to consider and address every aspect of the case.
If you or someone you know has been charged with drug possession in Denver, discuss your case with one of our lawyers. Call (303) 225-3343 or connect online today.
