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Illegal drug possession is defined as possession of any illegal controlled substance or unauthorized prescription medication. Illegal drugs can include many “street drugs” such as marijuana, cocaine, heroine, methamphetamine, LSD, MDMA (as known as ecstasy), and other drugs of abuse. Illegal drug possession also includes possession of any precursor materials or equipment that can be used in drug cultivation and production. Illegal drug possession can include possession of drug paraphernalia as well.
United States government statistics indicate that nearly one half of the US population (42 percent) has used an illegal drug at some point in their lifetime. The government estimated that there are approximately 12 million marijuana users, 2 million cocaine users, and 1.3 million people who use hallucinogens in the United States. The federal government spends about 20 billion annually in illegal drug possession law enforcement. Illegal drug possession can involve big time drug smugglers or may be a crime committed by a person who possesses drugs for personal use alone.
Illegal drug possession is usually a felony crime that can be prosecuted by the federal or individual state criminal justice systems. Illegal drug possession is a more serious crime when the drug in possession has a higher potential for abuse, addition, physical harm, and death. Illegal drug possession is also a more serious crime when a person possesses a greater quantity of an illegal substance. Offenders who are caught with large amounts of illegal drugs in their possession may be charged with possession with the intent to distribute; a crime that carries harsher legal implications.
Illegal drug possession penalties are also greater for those individuals who have had a prior illegal drug possession conviction. These offenders often face a harsher penalty which may include an increased period of incarceration and higher fines. Illegal drug possession penalties are also enhanced in cases where the offender was in close proximity to a day care center, housing project, school, or university at the time of arrest.
Illegal drug possession can result in a criminal sentence that can include jail or prison time, punitive fines, probation, mandatory treatment programs, and other penalties. According to government statistics, approximately ten to thirty percent of all inmates in the jail or prison system are drug offenders.
Some jurisdictions have mandatory minimum sentences for illegal drug possession offenses irrespective of the specific facts of a defendant’s case. In recent years law makers, public interest groups, and concerned citizens have pushed for a change in the way that illegal drug possession crimes are prosecuted. Drug courts have been established throughout the nation to provide drug counseling, treatment, and rehab services to non-violent offenders of illegal drug possession laws. These are proving to be more cost-effective and successful in dealing with illegal drug possession offenders.
For more information about illegal drug possession, you may wish to contact a legal professional who can advise you of your legal rights and options.
The federal government announced yesterday that they have recently received hundreds of court orders reducing the sentences for crack cocaine offenders.
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In a 7-2 vote, the Supreme Court ruled that judges may use their discretion when imposing sentences in crack cocaine cases. Judges were previously strictly bound by federal sentencing guidelines that required harsher sentences for » Read More
Rep. Timothy Hutchinson, R-Lowell, agreed to postpone discussions of his bill that would stiffen drug possession penalties for pregnant Arkansas women.
Intended to deter the pregnant women from taking drugs, Hutchinson agreed to postpone th...