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 | More Information |
| Alabama | $600-$2,100 fine plus court costs | Up to a year in jail | 90 Days | 30 days Community Service Alabama Drug Possession Laws |
| Alaska | exceed $6,000 dollars | more than one year | probation exceed 12 months | automatic 1-year suspension of driver's license Alaska Drug Possession Laws |
| Arizona | $100+ | 7-10 years | 6-9 years | rehab Arizona Drug Possession Laws |
| 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 | Florida Drug Possession Laws |
| Georgia | not to exceed $1000.00 | not to exceed 12 months | up to 12 months | time can be served on weekends Georgia Drug Possession Laws |
| Hawaii | 0-$50,000 based on quantity of drugs | 0-25 years based on quantity of drugs | only available on first offense, 0-6 months based on quantity of drugs | If found in your car, you could loss your license for a to-be-determined based on the quantity of drugs found on the person Hawaii Drug Possession Laws |
| Idaho | 1-50,000 | 6 months- 5 years | Varies by Case | Idaho Drug Possession Laws |
| Illinois | 1500$ 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. Illinois Drug Possession Laws |
| Indiana | 20.000-50.000 | 6m-15 years | 10 years | rehab Indiana Drug Possession Laws |
| Iowa | $315.00-$1,000 | 6 months-1 year | 10 years | Iowa Drug Possession Laws |
| Kansas | 25.000-50.000 | 6M-7 Yrs | 10 yrs | rehab Kansas Drug Possession Laws |
| Kentucky | $100 to $500000 | 1 - 5 years | 12 months | Kentucky Drug Possession Laws |
| Louisiana | 500 | 6 months | 6 months | Louisiana Drug Possession Laws |
| Maine | $200 - $2000 | upto 12 months | Varies by Case | May suspend or revoke professional license Maine Drug Possession Laws |
| Maryland | up to $1000 | up to 1 year | up to 1 year | Judge may order drug classes depending on the offense. Maryland Drug Possession Laws |
| Massachusetts | upto $500 | 6 months to 5 years | Varies by Case | One year loss of driving license Massachusetts Drug Possession Laws |
| Michigan | 50.000-100.000 | Varies Widely by Case | 10 | rehab Michigan Drug Possession Laws |
| Minnesota | up to $10,000 | up to 5 years | up to 2 years | paraphemalia, licence suspension.,drug tax stamps ,etc. Minnesota Drug Possession Laws |
| 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 Mississippi possession laws. Mississippi Drug Possession Laws |
| Missouri | $100 to $10000 | 1-5 years | three years | Missouri Drug Possession Laws |
| Montana | $1000-#10000 | 4 months- 15 years | 1/3 of jail time | drug classes Montana Drug Possession Laws |
| Nebraska | $300 - $10,000 | none - 5 years | Varies by Case | Possible drug education course for possession of 1 oz or less (first offense) Nebraska Drug Possession Laws |
| Nevada | 2000 | up to 1 year | 6months to 40 months | Nevada Drug Possession Laws |
| New Hampshire | $5,000 fine | First offense: up to 7-year jail term | 15-year | cancellation of license New Hampshire Drug Possession Laws |
| New Jersey | Upto $35,000.00 | Upto 10 years | Varies by Case | New Jersey Drug Possession Charge New Jersey Drug Possession Laws |
| New Mexico | $5000 min | More than 30 grams: up to 1 year in jail | 5-7 years | CA New Mexico Drug Possession Laws |
| 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 | New York Drug Possession Laws |
| North Carolina | $5,000 Fine | 4-5 Months | 6 month probation | North Carolina Drug Possession Laws |
| North Dakota | 0-$5,000 | 1 year | 1 year | community service, rehab, drivers license suspension North Dakota Drug Possession Laws |
| Ohio | 500 | 30 days | 1 week | drug classes Ohio Drug Possession Laws |
| Oklahoma | Varies by Case | 1 year | Varies by Case | Oklahoma Drug Possession Laws |
| Oregon | fines of up to $4,000,000 | up to 20 years | no probation | Oregon Drug Possession Laws |
| 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. Pennsylvania Drug Possession Laws |
| 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). Rhode Island Drug Possession Laws |
| 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. | South Carolina Drug Possession Laws |
| South Dakota | up to $1000 | up to 6 months | up to 1 year | Judge may order community service and drug classes. South Dakota Drug Possession Laws |
| Tennessee | $2,500 - $500,000 | 12 months - 60 years | Varies by Case | Tennessee Drug Possession Laws |
| Texas | 25,000-100,000 | 5 years min | 5 years government supervsed probation | SL, rehab Texas Drug Possession Laws |
| Utah | $200 to $250 | 10 months-3 years | 30 and 40 months | drug classes Utah Drug Possession Laws |
| Vermont | Up to $500 Fine to (Felony) Up to $500,000 Fine | 6 months to 20 years | Varies by Case | Vermont Drug Possession Laws |
| Virginia | $500 fine for a first offense | 30 days in jail max | 10 years | Rehab Virginia Drug Possession Laws |
| Washington | 10000 | Upto 5 years | Varies by Case | Washington Drug Possession Laws |
| West Virginia | 1000 | 90 DAYS - 6 MONTHS | Varies by Case | West Virginia Drug Possession Laws |
| Wisconsin | 1000 | 6 months to 3 1/2 years. | Probation is a possibility. | Wisconsin Drug Possession Laws |
| Wyoming | up to $1000.00 | up to 12 months | Varies by Case | Wyoming Drug Possession Laws |
- If you have been charged with Drug Possession Crimes, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
