When Life Gives You Lemons — Call an Attorney

Drug possession is a fairly common crime, but the punishment can range drastically depending on many factors. If you or someone you know has been caught with drugs, you may have a lot of questions. To learn more, keep reading to find out the answers to these three commonly asked questions about drug possession charges.  

1. What Can Happen if You Are Convicted?

What happens after you are convicted depends on the state in which you live. However, most states follow the federal guidelines for sentencing. This is supposed to help stop the widespread distribution of drugs, but it often also catches lower-level defendants who are only using and not selling, manufacturing, or distributing.

The federal guidelines categorize drugs into five categories, with less severe drugs like cough syrup with codeine in Schedule V and heroin, LSD, and marijuana in Schedule I. Naturally, the punishment is more severe for Schedule I. Your punishment will also be more severe if the courts believe you were going to distribute the drug.

In some states, like Oregon, however, courts are trying to decriminalize drugs. Instead, these courts focus more on rehabilitation and recovery instead of prison.

2. What About Marijuana?

Marijuana is still federally scheduled as a Schedule I drug, but it is legal in many states for recreational and/or medicinal use. So, what happens if you are caught with marijuana? If you live in a state where it is still illegal (or you don't have a medical marijuana card), you'll face the same punishment as anyone else found with high-level drugs.

If you are in possession of marijuana in a state in which it is legal, you can still get in trouble if you have a large amount of marijuana. Each state sets limits on how much you can buy in one day, have on your person, and have at home.

In addition, if you are caught with marijuana while driving, you may also get a DUI, even if recreational marijuana is legal in your state. Similarly, if you get caught transferring marijuana from one state to another (even if both have legal recreational marijuana laws), you can get in trouble for breaking federal crimes.

3. What About Prescription Medications?

Prescription medications can also get you into trouble with the law. First, if you are caught with a prescription that isn't yours, you can get in trouble. However, this is usually only applicable for certain medications like pain medications and narcotics because they can be easily abused.

If the prescription belongs to you, you are usually fine. However, as with marijuana, if you are driving while using some prescription medications, it may impair your thinking and reflexes. This is more common when you start taking a medication, but if an officer believes your medication is affecting your ability to drive, you may get arrested.

If you are caught with illegal drugs, you will face some sort of punishment. However, depending on where you live and the amount of drugs you had, the outcome can vary drastically. If you want your best chance in court, you need a skilled attorney, so contact a drug possession lawyer in your area today.