Tuesday, January 12, 2016

What are the laws and penalties for drug possession?

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.

If you made a mistake and are being charged with a crime then you need a Hartford, CT criminal defense lawyer. The good news is that there is fantastic law firm in this region and it is Melocowsky & Melocowsky who can be reached right here: http://www.melolegal.com/. They know the law and they know the system. You may have made a mistake but this is America and your rights are sacrosanct. Any sloppy police work and Melocowsky & Melocowsky will knock it out of the park. 
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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