There are several drugs and other
materials on which the federal government has imposed strict regulations. For
the most past, possession
of controlled substance needn’t necessarily be a crime. Under
certain circumstances it may be legal to possess and them. Hartford, CT
criminal defense lawyers such as those from the standout law firm of Melocowsky
& Melocowsky say that a drug prescribed by a doctor, such as medical
marijuana, or during scientific research, will not fall under the purview of a
crime.
However, it is important to understand
that when there is no legal justification for possession, an individual is
liable to face criminal charges. In addition, anyone found with substances such
as heroin that has no legitimate medical or other use will also be charged with
a crime.
What are Controlled Substances?
The Controlled Substances Act lists
various types of drugs that are controlled. This means that they can only be
made available for legitimate use via a prescription or other legal avenue.
Connecticut criminal defense lawyers state that there are five ‘schedules’ of
drugs with Schedule I being the most dangerous substances and Schedule V the
least. The classification is contained in Section 812 of the Controlled
Substances Act.
How States Classify Drugs
States vary in how they classify
controlled substances and monitor the possession of controlled dangerous
substances (CDS). Several drugs such as heroin, cocaine, and marijuana along
with the materials used to produce them are classified as controlled
substances. On the other hand, individuals who have a valid prescription are
permitted to possess common pain medications such as codeine.
Possession and Criminal Penalties
Hartford, CT criminal defense lawyers
caution that criminal penalties for drug possession in the state depend on
whether the drug is a narcotic, hallucinogen, non-narcotic, or marijuana. Any
illegal possession will attract the maximum penalty, which can increase if the
defendant has any prior convictions. Illegal possession will result in jail
time, fines, or both.
A first time offender is liable to be
fined up to $50,000 and/or up to seven years of incarceration. The punishment
is much more severe for second time offenders who are likely to face up to
$100,000 in fines and/or 15 years in jail if convicted of illegal possession.
Medical Marijuana Laws
The state permits the use of medical
marijuana under specific circumstances. However, they also warn that driving
under the influence of marijuana is a crime while other laws pertaining to the possession of
marijuana for non-medical purposes are applicable.
An individual is permitted to possess
less than or equal to the quantity of medical marijuana as prescribed by his or
her doctor and you should need a Connecticut criminal defense lawyer to explain
this to you a law enforcement official. This is applicable only for the
treatment of glaucoma and to counter the side effects of chemotherapy.
However, the cultivation, preparation,
and/or sale of controlled substances including medical marijuana is illegal in
the state of Connecticut. Only those with special licenses from the
Commissioner of Consumer Protection are permitted to do so. Anyone found growing
marijuana without the requisite license and certification is likely to face
criminal charges and have any items including property that is used for illegal
cultivation of this plant seized by the authorities.
If you have been charged with drug
possession or a marijuana related offense, it would be prudent to consult a
Connecticut criminal defense lawyers as soon as possible and there is none
better in the entire Hartford area than Melocowsky & Melocowsky.
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