A possession of a controlled substance charge can be pressed when anyone has physical control or dominion over a controlled substance or has access to a controlled substance without proper authority. A controlled substance can be prescription medication that is not theirs, illegal drugs or any other type of material, compound or substance that is considered to be restricted or controlled. Driving in a vehicle where controlled substances are found, even if they are not yours, can result in the charge if you knew or had reasonable ability to know that the substance was in the vehicle.
Possession Of A Controlled Substance Penalties
Although a felony offense in many cases, the courts are not as harsh for first time offenders on this charge than some of the other felony offenses. The amount of the substance and if the intent to sell can be established will impact on the penalties possible.
Possible Penalties
- Jail time
- Probation
- Parole
- Random drug testing
- Community service
- Suspended sentence with guilty plea
- Alternative drug rehabilitation programs
Are you looking for advice on a Possession charge? An Attorney fully understands the complex laws surrounding criminal processes and can help Drop the Charges or Seek a Reduced Sentence. Submit your case for FREE to a Qualified Criminal Attorney in your area.
Possession Of A Controlled Substance Sentencing
In many areas suspended sentences or drug rehabilitation programs with a guilty plea but no sentencing are often ordered. As long as the individual follows all the requirements of these programs no formal felony sentence will be imposed. Any failure to follow the program or positive testing on a drug test results in a sentence that includes jail time and a permanent felony record.
First time offenders represented by an attorney may be able to work with the prosecutor to arrange this type of alternative sentencing in conjunction with drug testing and community service.
Possession Of A Controlled Substance Charges And Legal Help
A criminal defense attorney can often be very successful in having alternative sentencing to jail ordered, especially with first time offenders. This option can prevent any permanent blemish on your criminal record and also allow you to keep your current employment since no court sentence will appear on your record as long as you follow the guidelines imposed. In some situations the attorney may even be able to have the case dismissed if he or she can prove you had no knowledge of the presence of the substance.
Possession Controlled Substance: 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 | 5000 | 5 years | Varies by Case | 1 year and not less than a $1,000 or more than a $l00,000 fine. Possession of a Controlled Substance in Alabama |
| Alaska | 25,000-100,000 | 7-10 years | 10 years | Rehab Possession of a Controlled Substance in Alaska |
| Arizona | 2000-50000 max | 2-15 years | 12 years | Possession of a Controlled Substance in Arizona |
| Arkansas | 15.000 top for first offense | 2-6 years | 5 years | rehab, Anger Management Possession of a Controlled Substance in Arkansas |
| California | A fine of not more than two hundred fifty dollars ($250)-$1000 | 30 days to 3 years | Varies by Case | Drug diversion classes often offset both |
| Colorado | 100 | Varies Widely by Case | Varies by Case | repeat offenders face these special penalties along with jail time or probation Possession of a Controlled Substance in Colorado |
| Connecticut | up to a $50000 fine | 7-year jail term 1st offense | 10 years | drug rehab Possession of a Controlled Substance in Connecticut |
| Delaware | $500-$150000 | 2 years to 15 years | 18 months | Possession of a Controlled Substance in Delaware |
| District of Colombia (D.C.) | n/a | n/a | n/a | Possession of a Controlled Substance in District of Columbia |
| Florida | $500 - $500,000 | 3 years - 25 years | None for adult offenders, except by pardon, clemency or medical release. Minors: 3-5 years | Minors can have driving privileges withheld or suspended and be ordered to 100 hours of community service as well as drug education classes. Possession of a Controlled Substance in Florida |
| Georgia | $300.00 to $1,000.00 | 10 days to 30 years | Varies by Case | 40 hours of community services, complete risk reduction program, license suspended up to 6mos, can lose license for 1-2 years Possession of a Controlled Substance in Georgia |
| Hawaii | $100 - $1000 | up to 6 years. Minimum is not specified | Up to 2 years | person who is less than eighteen years of age shall be required to complete a drug awareness program within one year of the date the civil judgment is entered against the person. Possession of a Controlled Substance in Hawaii |
| Idaho | 1000 | Probation-15 Years | 1 to 5 years | drug classes, NA Meetings for 1-3 years |
| Illinois | Up to 25000$ | 1 to 3 years | Varies by Case | No student loans,aid or grants for 1 year after first conviction Possession of a Controlled Substance in Illinois |
| Indiana | up to $10000 | 7 years | 5 years | rehab, CS Possession of a Controlled Substance in Indiana |
| Iowa | minimum fine of $350.00 and up to $1000.00 | up to 6 months | Varies by Case | 1 year disqualification from federal financial aid eligibility, 180 days suspension of driving privileges |
| Kansas | $100+ | 2-7 yrs | 9 yrs | rehab |
| Kentucky | $10 - $250 | one to three years | 12-18 months | Not Available |
| Louisiana | 1500-2500 | 6-10 yrs | 5 yrs | rehab |
| Maine | $300-$250000 | up to five years | one-three years | community service,drug classes,suspended license |
| Maryland | $1000 - $25000 | 1 - 4 years | 1 - 6 years | Not Available |
| Massachusetts | not more than $1000 | min 5 years | up to 1 year | Not Available |
| Michigan | $2,000-$1,000,000 | 1 year - 30 years | Varies by Case | Not Available |
| Minnesota | 1st Off - a fine of not more than $1,000,000 2nd Off - fine of not more than $500,000 3rd Off - fine of not more than $250,000 | 1st Off - imprisonment for not more than 30 years 2nd Off - imprisonment for not more than 25 years 3rd Off - imprisonment for not more than 20 years | no probation | Not Available |
| Mississippi | between five thousand and one million dollars | up to thirty years | Varies by Case | felony convictions |
| Missouri | 1000 min | 5-15 years | 10 years | Not Available |
| Montana | $100-$500 | not more than 1 year | Varies by Case | 30 to 90 day suspension of persons under age 18 for possession or consumption of alcohol or controlled substances Possession of a Controlled Substance in Idaho |
| Nebraska | 25.000-15.000 | Varies Widely by Case | 9 | rehab |
| Nevada | up to 500,000 | 2 to 15 years for possession of less than 28 g, at least 3 years to a life sentence possible for possessing more than 28 g | not available in Nevada | at court's discretion |
| New Hampshire | 25.000-50.00 | 6-10 years | Varies by Case | state supervised rehab |
| New Jersey | up to $35000 | 2-20 years | 10 years | loss of DL |
| New Mexico | 1000 USD | one year | Varies by Case | Not Available |
| New York | $100-$500 | 5 days - 15 years | Varies by Case | Not Available |
| North Carolina | 15000 | 10 Years | 10 years | rehab, cs, sl, loss of the right to vote, no firearms |
| North Dakota | $1,000-$5,000 | 30 days - 5 years | Varies by Case | Not Available |
| Ohio | up to thirty days in jail | between six and 20 months | no probation | Not Available |
| Oklahoma | Up to $250.000 | Up to 15 years | Up to 18 months | Possible community service. |
| Oregon | 100000 | Up to 10 years | Varies by Case | Not Available |
| Pennsylvania | 500 for less than 30g and 5000 for more than 30g | 1-4 years | Varies by Case | possession near a school or recreation place is punishable by 2-4 years in prison. |
| Rhode Island | min $3000 fine up to 50000 | 10 years in prison | life | CS,SL, rehab, Work program |
| South Carolina | 25000 | 15 years | 5 years | Not Available |
| South Dakota | Varies by Case | 6 months | Varies by Case | treatment programs, and other punishments |
| Tennessee | 5000 | 6 years | 1 year | Not Available |
| Texas | No more than $100,000. | Depending on the amount possessed - it could be anywhere from 6 months to life. | Varies by Case | Not Available |
| Utah | Varies by Case | 1-5 years on first offence repeat offenders can recive a sentence no less then 7 years but can be sentence to life for a 3rd degree possession | Varies by Case | Not Available |
| Vermont | 2000 and up | 90 to 3 years | up to 10 years | rehab |
| Virginia | 1500-2500 | 7- 16 yrs | 5 yrs | rehab |
| Washington | 5000 min | 10 years min | 10 years | CS work program |
| West Virginia | 50.000+ | 7-10 years | 15 years | rehab and CA |
| Wisconsin | $1000-$10,000 fine | 6 months-3 1/2 years | 0-5 years | There is a mandatory drivers license suspension or revocation for a minimum of 6 months and a maximum of 5 years for all drug offenses. |
| Wyoming | up to 50000 | no more then 5 years | 10 years | Rehab |
- If you have been charged with Possession of a Controlled Substance, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
