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Drug Possession
The charge of drug possession is directly related to the accused having possession of any type of controlled substance. This doesn't necessarily mean the drugs were on the individual's person, it can include in a vehicle, in a home or any other location.
Drug possession can, for example, include everyone in a vehicle if drugs are found within the vehicle. The same can happen to anyone in a home where drugs are found. Drug paraphernalia possession can also fall under this category in some states.
Drug Possession Penalties
Drug possession charges can result in some very stiff penalties, including jail time, largely depending on the type and quantity of drugs found to be in your possession. If there are minors present or if the charges include trafficking of drugs the misdemeanor charge can include significant jail time and fines.
- Possible Penalties
- Drug awareness classes or drug counseling
- Mandatory random drug testing
- Probation
- Fines
- Community service hours
- Jail time
Drug Possession Sentencing
Judges will typically attempt to determine if the drugs were for personal use or drug possession for sale and distribution when sentencing. Often the fines are very significant and often the sentence will include at least random drug testing and probation if not some jail time. Drug awareness classes and community service hours are often the first option for most judges, once it has been established that the drugs were for personal use. An attorney can help prove this, or even prove that the drugs were not yours in situations where they were recovered from a vehicle or residence.
Hire An Attorney For Drug Possession Charges
Many times a first arrest on Drug Possession charges can be dropped down to a disorderly conduct, resulting in less significant penalties that typically don't include jail time. A professional criminal defense attorney can negotiate these types of arrangements to prevent you from having a drug related charge on your record. In addition the attorney may even be able to have the charges dropped in situation where you were merely in the vicinity where the drugs were located.
- If you have been charged with Drug Possession Crimes, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
Drug Possession: Fines and Jail by State
Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!
| State | Avg. Fines | Avg. Jail | Avg. Probation | Other |
| Alabama | $600-$2,100 fine plus court costs | Up to a year in jail | 90 Days | 30 days Community Service |
| Alaska | exceed $6,000 dollars | more than one year | probation exceed 12 months | automatic 1-year suspension of driver’s license |
| Arizona | $100+ | 7-10 years | 6-9 years | rehab |
| Arkansas | $200 - $250 | 5 - 20 years | 2 years | sentence |
| California | 25,000-100,000 | 7-year jail term 1st offense | 5 years max | rehab, cs, sl, loss of the right to vote, no firearms |
| Colorado | $100-$100,000($1,125 surcharge) | none-3 years | Varies by Case | 16-48 hours community service required with diverted prison sentence. |
| Connecticut | 700 to 1500 dollars | 1 to 2 years | 2 to 4 years | mandatory rehab |
| Delaware | up to $1150 | up to 6 months | up to 6 months for first offense | Judge may order drug classes depending on the offense |
| Florida | Up to $1000 Felony, Up to $10,000 | Up to 1 Year in Jail.Felony Up to 15 Yrs Pen. | Varies by Case | Not Available |
| Georgia | not to exceed $1000.00 | not to exceed 12 months | up to 12 months | time can be served on weekends |
| Hawaii | 0-$50,000 based on quantity of drugs | 0-25 years based on quantity of drugs | only available on first offense, 0-6 months based on quantity of drugs | If found in your car, you could loss your license for a to-be-determined based on the quantity of drugs found on the person |
| Idaho | 1-50,000 | 6 months- 5 years | Varies by Case | Not Available |
| Illinois | 1500$ to 25000$ | 6 months to 60 years | Varies by Case | There have to be at least fifty different drug possession charges in Illinois.You should be specific! |
| Indiana | 20.000-50.000 | 6m-15 years | 10 years | rehab |
| Iowa | $315.00-$1,000 | 6 months-1 year | 10 years | Not Available |
| Kansas | 25.000-50.000 | 6M-7 Yrs | 10 yrs | rehab |
| Kentucky | $100 to $500000 | 1 - 5 years | 12 months | Not Available |
| Louisiana | 500 | 6 months | 6 months | Not Available |
| Maine | $200 - $2000 | upto 12 months | Varies by Case | May suspend or revoke professional license |
| Maryland | up to $1000 | up to 1 year | up to 1 year | Judge may order drug classes depending on the offense. |
| Massachusetts | upto $500 | 6 months to 5 years | Varies by Case | One year loss of driving license |
| Michigan | 50.000-100.000 | Varies Widely by Case | 10 | rehab |
| Minnesota | up to $10,000 | up to 5 years | up to 2 years | paraphemalia, licence suspension.,drug tax stamps ,etc. |
| Mississippi | NA | Term of years not to exceed seven years | One-third of term | Possession of 35 grams or less of marijuana is a Class A Misdemeanor under Missouri possession laws. |
| Missouri | $100 to $10000 | 1-5 years | three years | Not Available |
| Montana | $1000-#10000 | 4 months- 15 years | 1/3 of jail time | drug classes |
| Nebraska | $300 - $10,000 | none - 5 years | Varies by Case | Possible drug education course for possession of 1 oz or less (first offence) |
| Nevada | 2000 | up to 1 year | 6months to 40 months | Not Available |
| New Hampshire | $5,000 fine | First offense: up to 7-year jail term | 15-year | cancellation of licence |
| New Jersey | Upto $35,000.00 | Upto 10 years | Varies by Case | Not Available |
| New Mexico | $5000 min | More than 30 grams: up to 1 year in jail | 5-7 years | CA |
| New York | 25 grams or less is 100.00 25 g second offense 200.00 3rd offense 5 days and or 250.00 | 25 grams to 2 ozs 3 months jail. 8-16 oz 1-4 yrs and 5000.00 fine 16 oz to 10lbs 1-15 yrs 5000.00 | 6 months to 1 yrs | Drug Possession in New York |
| North Carolina | $5,000 Fine | 4-5 Months | 6 month probation | Not Available |
| North Dakota | 0-$5,000 | 1 year | 1 year | community service, rehab, drivers license suspention |
| Ohio | 500 | 30 days | 1 week | drug classes |
| Oklahoma | Varies by Case | 1 year | Varies by Case | Not Available |
| Oregon | fines of up to $4,000,000 | up to 20 years | no probation | Not Available |
| Pennsylvania | up to $1000 | up to 5 years | up to 1 year | The above information is for first offense. It depends on the type of drug and the amount. Drug classes may be ordered. |
| Rhode Island | $200-$100,000 | 1-20 years | For sentences of probation with no imprisonment, the offender is required to undergo a drug abuse evaluation, attend a | Possession while driving causes driver's license suspension for 6 months (first offense), and 1 year (subsequent offense). |
| South Carolina | $100-1000 | 30 days to 1 year | are allowed to opt for a conditional release without trial. They are put on probation instead of doing jail time. | Not Available |
| South Dakota | up to $1000 | up to 6 months | up to 1 year | Judge may order community service and drug classes. |
| Tennessee | $2,500 - $500,000 | 12 months - 60 years | Varies by Case | Not Available |
| Texas | 25,000-100,000 | 5 years min | 5 years government supervsed probation | SL, rehab |
| Utah | $200 to $250 | 10 months-3 years | 30 and 40 months | drug classes |
| Vermont | Up to $500 Fine to (Felony) Up to $500,000 Fine | 6 months to 20 years | Varies by Case | Not Available |
| Virginia | $500 fine for a first offense | 30 days in jail max | 10 years | Rehab |
| Washington | 10000 | Upto 5 years | Varies by Case | Not Available |
| West Virginia | 1000 | 90 DAYS - 6 MONTHS | Varies by Case | Not Available |
| Wisconsin | 1000 | 6 months to 3 1/2 years. | Probation is a possibility. | Not Available |
| Wyoming | up to $1000.00 | up to 12 months | Varies by Case | Not Available |
- If you have been charged with Drug Possession Crimes, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.