Illegal substances are often associated with criminal charges and convictions. However, understanding whether possessing drugs will land you with a jail sentence or just a slap on the wrist is important, whatever lifestyle choices you make.
This can be a complex matter to contemplate, so let’s dissect the issue of punishments meted out for drug possession and give you a sense of where you’ll stand if you’re accused of this crime.
Location matters
Every state has its own rules regarding drugs, so don’t assume that just because you know the law where you live, the same restrictions and penalties will apply elsewhere. For example, if you’re vacationing in Florida but you come from Colorado, you need to recognize that while marijuana is legal for adults over 21 to possess on your home turf, it’s still a controlled substance and can’t be used recreationally in the Sunshine State.
Your record is taken into account
For the most part, you can expect that if you’ve never been convicted of drug possession in the past, you’ll receive a lighter sentence than someone who is a repeat offender in this regard.
Again, the specific approach taken will differ depending on where you are in the country, but first-time offenders of this type of crime are usually shown more leniency.
Different drugs may be classed as different categories of offense
Another point to make is that there are a variety of criminal violations that sit in different categories, and are classified in a number of ways, particularly when it comes to drug possession.
Simply put, some substances are faced with tougher penalties than others, and this means that while possessing a lower-classified drug might allow you to avoid jail altogether, for the most heavily controlled substances, punishments can be far more severe.
Marijuana is once more a useful example of a drug that is either entirely decriminalized in some places, or treated with the very lightest sentences elsewhere. Meanwhile, possession of cocaine, heroin, meth or other drugs with more severe classification levels could land you in the slammer with more consistency.
The amount you’re carrying is key
For a lot of legislators, there is a distinction between possession of an illegal drug for personal use, and possession with the intent to supply it to others for profit. Selling drugs will leave you in a lot more trouble than just having drugs on your person that you’re not going to give to anyone else.
There are various thresholds in place for different drugs that define possession with intent to supply, and jail time for drug dealing is basically guaranteed in places where the substance in question is illegal.
Rehabilitation may be an option
If you aren’t given jail time for drug possession, then you may be required to attend a course of rehabilitation that is designed to help you to deal with any addiction issues you may be faced with, and ultimately reduce the chances that you’ll re-offend in the future. You might also be fined, either as an alternative to jail time or in addition to whatever sentence is handed out by the courts.
The best way to avoid jail time for drug possession is to simply not buy and use any kind of illegal or controlled substance. This should go without saying, of course, but it’s worth restating that there are all sorts of mitigating factors in any drug case, and it’s not worth putting yourself through the stress of being arrested, charged and tried for drug possession, even if you think that jail time is unlikely.
