{"id":352057,"date":"2023-07-05T10:19:24","date_gmt":"2023-07-05T15:19:24","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/drug-possession-penalties-and-sentencing.html"},"modified":"2025-05-27T10:19:00","modified_gmt":"2025-05-27T15:19:00","slug":"drug-possession-penalties-and-sentencing","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/drug-possession-penalties-and-sentencing.html","title":{"rendered":"Drug Possession Penalties and Sentencing"},"content":{"rendered":"\n
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Drug Possession Penalties and Sentencing<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Drug possession, or "possession of a controlled substance," is a serious crime with many possible penalties. Sometimes, the sentencing also includes rehabilitative treatment.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Penalties can often depend on the amount of drugs in a person’s possession. State law sets drug possession penalties<\/a> such as potential jail time and fines. There may be mandatory penalties or sentencing presumptions based on the facts of the case.<\/p>\r\n

There are many types of drug crimes<\/a>, but this article focuses on drug possession for personal use, with no intent to sell. But any type of drug crime charge can be serious. Talk to a criminal defense attorney<\/a> about your options in such cases. <\/p>\r\n

Drug Schedule Basics<\/h2>\r\n

The seriousness of a drug is rated on a scale called a "schedule." It is regulated by the United States Drug Enforcement Administration (DEA) and the Controlled Substances Act<\/a>.<\/p>\r\n

This is not a complete list of every drug on each schedule<\/a>, but it provides an example of the severity of each drug:<\/p>\r\n