Is a second drug possession offense a felony?

Drug possession charges and their penalties vary from state to state. In most cases, possession includes street drugs as well as prescription drugs that are not medically authorized. Even possession of drug paraphernalia is a crime in some jurisdictions. While some states classify possession as a misdemeanor, other states classify the crime as a felony with enhanced penalties. Most states are more lenient with first-time offenders than they are with repeat offenders.

Drug Possession Penalties

Drug possession charges may result in stringent penalties that include jail time and stiff fines. Penalties depend on the amount of drugs found as well as any obvious intent to distribute or sell. If minors are present, penalties may be enhanced. General penalties include the following:

• Jail time
• Fines
• Probation
• Random drug testing
• Mandatory participation in drug treatment programs

• Several hours of community service

Sentencing

Sentencing is much more lenient if the drugs were for personal use than for distribution. Also, first time offenders may be spared jail time and fines in exchange for participating in alternative drug programs and community service. However, second and subsequent offenders can expect enhanced penalties. In many jurisdictions, a second offense is a felony and includes longer prison terms and significant fines.

Possible defenses include an assertion that the defendant did not have actual possession of the controlled substance or drug. In some states, such as Pennsylvania, prosecutors must prove actual control and possession and that the defendant knowingly and intentionally possessed the control substance. The prosecution must also prove that the defendant knew the substance was illegal. A defense attorney may seek to suppress drug evidence if it was found during an unauthorized search.

Talk with an experienced defense attorney regarding your drug possession charges.