What are the consequences for felony drug possession?

For the most part, possessing illegal drugs may be classified as a misdemeanor or a felony. Either way it is a crime, but the consequences vary significantly depending on whether you are charged with a misdemeanor or a felony.

While determining if the drug possession charge should be a felony charge or not, the prosecution considers the drug in question, the amount of drug that was found to be in the suspects possession, prior criminal history, and whether or not there was any intent to sell these drugs for profit or if the suspect possessed it for just personal use.

If you just had a small amount of marijuana like the dudes on the beach in Point Break then no big deal but if you had large quantities of drugs that have the ability to form real objects like Catherine Zeta-Jones’s character did in Traffic that is entirely different deal.

There are also some other aggravating factors which criminal defense lawyers say can escalate a misdemeanor drug possession charge to a felony drug possession charge. This includes things such as possession in or around school grounds, selling to underage persons, driving under the influence, and more. 

In this write up, we will provide a brief on different situations where someone arrested for drug possession may end up being charged with a felony drug possession charge instead of a misdemeanor.

However, please treat this article as an informational guide only. The laws vary from state to state, and if you need to know the exact laws in effect in your state, it is prudent and sagacious to consult a criminal defense attorney in your particular state to understand what legal options you have in your case or in your situation.

Type and amount of drug in possession

To begin with, the prosecution will obviously consider the drug in question and also how much of it was being carried around or in the suspect’s possession. Some hard drugs which are dangerous and highly addictive are classified as schedule I drugs, and possession of these substances will undoubtedly lead to a felony charge. Examples of schedule I drugs are substances such as heroin, crystal meth, cocaine, etc.

If you are “cooking” an RV full of meth like Walter White and Jesse Pinkman were doing in Breaking Bad, you probably are crossing some sort of line (of course if it was legal, there would be some sanity to this situation but that is another story).

On the other hand, drugs such as marijuana are not considered dangerous or highly addictive (even though it is still illegal in many states much to the dismay of common sense, logic, and hypocrisy) and so marijuana possession will be handled as a misdemeanor charge according to criminal defense lawyers. Many people believe the worst drug of them all is alcohol but that too is another topic entirely. 

The second factor that comes into play is the amount of the substance being carried. So for instance, even though marijuana is not a schedule I drug, carrying a lot of it (enough to not come under personal use) will still be charged as a felony as in these cases it may be argued and proved that there was intent to sell for a profit. You can sell alcohol and cigarettes (if you have a license) for a profit but not marijuana in some states – this makes little sense but it is a fact.  

Aggravating factors

Another factor is whether or not there were any aggravating factors in the case. In most states, the following will classify as aggravating factors and lead to a felony charge being filed:

1. Repeat offenders
2. Near or inside school premises
3. In the proximity of certain public buildings, parks, pools, etc.
4. Near a rehabilitation center
5. To or near the presence of a minor

If you have been charged with felony drug possession, you need to act quickly and contact a criminal defense lawyer as soon as possible. The outcome of your legal representatives’ efforts will potentially shape your life for years to come.

It does not take too long for handcuffs to be put on you but when they come off, you need to use this website @ Criminal-Defense.USAttorneys.com to find yourself that pivotal legal help. If the handcuffs do not come off, then someone that you trust can utilize this freedom giving website to find you a criminal defense lawyer. Your mind may be racing around a million miles an hour but it will slow down once you speak to your legal representative. Do not worry, this is not Cuba, America still values human life.

This digital tool has helped out many people, you are not the first nor the last. Have your trusted friend or family member contact us if they want. We will call them back most likely that same day.