4 Factors That Are Considered In A Drug Possession Case

Possession of illegal substances can lead to serious criminal charges. In Maryland, a drug possession charge can lead to a misdemeanor with four years behind bars and $25,000 in fines. The long-term consequences of a drug possession charge can also include loss of job, housing, child custody and education opportunities.

However, the actual charge and punishment for drug possession can be heavily dependent on a few factors. Here are the factors that can affect a drug possession case:

1. The drug schedule

Drugs are categorized into schedules. There are five schedules in total, each determining the legal use and possession of certain substances by the general public and in medical fields. Substances with a high schedule can lead to harsher punishments.

2. The quantity of drugs involved

A court may consider the amount of drugs that a defendant possessed. Large quantities of illegal substances can lead to serious charges. However, small quantities of high-scheduled substances can also lead to harsher punishments. For example, the possession of 16 oz. of PCP can lead to a minimum charge of $100,000 and five years in jail.

3. The seriousness of the offense

In Maryland, the potential charges for drug possession are often less severe if the defendant only intended to use the substances or drug paraphernalia. Drug possession with the intent to distribute can lead to felony charges. Large quantities of substances may be tied to trafficking.

4. The defendant’s prior criminal history

Drug possession convictions are often less severe for defendants who are facing first-time convictions than those with a significant criminal history.

Defendants can potentially reduce or dismiss drug possession charges with the right legal strategy. Defendants can – and should – reach out for legal guidance.