Drug Charge Definitions

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There are many different criminal charges regarding crimes involving the use, manufacture, sale, and transport of drugs. Some of the most common terms are:

  • DUI/DWI
  • Drug possession
  • Drug trafficking
  • Drug Manufacturing/cultivation

Many charges fall under these terms, but these are the main charges most often heard in courtrooms.

DUI/DWI

While laws regarding DUI and DWI vary by state—and sometimes even go by slightly different terminology in some states—these are generally recognized everywhere as meaning Driving Under the Influence (of alcohol and/or drugs) and Driving While Intoxicated, which is typically used when a person has had too much to drink. It’s sometimes also called Driving While Impaired which applies to drugs and/or alcohol, too.

The penalty for a DUI varies from state to state, but the most common penalties include loss of license, fines, jail time, probation, court-order rehab and drug and alcohol classes.

Drug Possession

This describes the act of merely having drugs on your person or your property. Drug possession can be tried on a state or federal level. Here, drugs are defined as any illegal controlled substance, not any kind of prescription drug, even one that’s not prescribed to you. Drugs that can bring about this charge are drugs like heroin, cocaine, marijuana, methamphetamines, LSD, and other illegal drugs.

If the drug possession charge is brought because of a very small amount of a drug, it might be ruled as "simple" possession by the court and may carry smaller penalties. Large amounts of drugs, though, will usually bring a charge of possession with intent to distribute, meaning it’s believed that the drugs were going to be sold. This carries a much stiffer penalty. Fines, jail time that can range from very short term to prolonged, and extended probation are possible with any possession charge.

Drug Manufacturing/Cultivation

It’s illegal to grow marijuana, whether for personal use or with intent to sell, so evidence of growing the plants can bring a charge of drug cultivation. It’s also illegal to produce illegal drugs that require chemicals and equipment to manufacture, such as methamphetamine and Ecstasy. Large amounts of the chemicals required to make certain drugs and the lab equipment required are often enough evidence to bring a charge of drug manufacturing. Most cultivation and manufacturing charges carry an inherent intent to sell along with them.

Drug Trafficking

Probably the most series drug-related charge, drug trafficking is nothing more than a charge that claims a person is distributing drugs in one way or another. It covers the transport of drugs from one place to another, importing drugs from another country, and selling drugs. A drug trafficking charge can apply to a person who sells a small amount of an illegal drug as well as a large, organized drug cartel.

The penalties for drug trafficking depend on the amount of the drug, the type of drug, whether or not the drug has been sold to (or trafficked by) minors, and the location or locations where the trafficking occurred.

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