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Both the federal and state criminal justice systems have drug possession laws. The federal government alone spends approximately twenty billion dollars annually in enforcing drug trafficking and drug possession laws. Drug possession laws state that it is a crime to possess any controlled substance or unauthorized prescription medications. Drug possession laws consider possession of the following drugs a crime: marijuana, cocaine, heroine, LSD, PCP, hallucinogens, methamphetamines, and other illegal drugs.
Drug possession laws are often harsher for possession of drugs with a greater propensity to cause abuse, addiction, physical injury, and death. Drug possession laws also make it a crime to possess any precursors to drug production or distribution. Possession of paraphernalia, or drug accessories, is also illegal under drug possession laws.
Drug possession laws are also harsher in cases where an offender was arrested with a large quantity of a given substance. Often drug possession laws will charge these offenders with “drug possession with intent to distribute”. In these cases, an offender may face an enhanced sentence with harsher penalties. Drug possessions laws also prosecute multiple offenders much stronger than those who are first time offenders.
Drug possession laws state that drug possession occurring in particular geographic areas can greatly enhance an offender’s punishment. According to many drug possession laws, a person who possesses drugs in proximity to a day care, school, housing project, or university faces much harsher penalties. Persons who distribute drugs in these areas are also subject to much harsher penalties under drug possession laws.
Drug possession laws often prosecute drug offenders in much the same way they prosecute other felony offenders. More than ninety percent of all drug possession cases do not go to trial. Most of the offenders plead guilty to drug possession crimes. Under drug possession laws, the penalties for a drug possession conviction can include jail or prison time, probation, fines, compulsory treatment programs, and other punishments.
Some jurisdictions have mandatory minimum drug possession laws, which dole out punishments for possession in cases regardless of specific circumstances in a case. Mandatory minimum drug possession laws do not take into account a defendant’s background, involvement in the crime, or threat to society when determining punishment.
These drug possession laws have received considerable scrutiny for many years. The recent trend in drug possession laws is to encourage treatment options for non-violent drug offenders. Thousands of drug courts have been established to provide long term counseling, sanctions, incentives, and other programs to participants. Successful completion of these programs often results in a reduction or dismissed criminal sentence. These programs are proving to be more cost effective and more successful than mandatory minimum drug possession laws. For more information on drug possession laws, you may wish to contact a qualified attorney who can assist you.
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