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Drug possession sentences are the set of punishments ordered through the federal or state criminal justice system against a person who is convicted of illegal drug possession. Drug possession sentences vary considerably depending on the type of drug possessed, the amount of that drug, an offender’s criminal background, and the geographic location of the crime. Drug possession sentences are typically determined as a result of an offender’s guilty plea. Only five to ten percent of drug possession sentences are determined through trial proceedings.
Drug possession sentences can be enhanced under a number of circumstances. The type of drug that offenders possess can play a large role in drug possession sentences. Possession of drugs with a higher potential for abuse and addiction and those who can cause physical injury or death are often results in more serious drug possession sentences. Possession of larger quantities of illegal drugs can also result in harsher drug possession sentences. In these cases, offenders may be charged with “possession with intent to distribute.” This is a more serious crime with harsher drug possession sentences.
People who have had prior drug offense convictions will often face harsher drug possession sentences. Approximately 80 percent of offenders who receive drug possession sentences are first time offenders. Drug possession sentences can also be enhanced when the crime took place in close proximity to a day care center, housing project, school, or university. Some jurisdictions may have other provisions which can enhance drug possession sentences under other circumstances.
According to 2000 government statistics, drug possession sentences account for approximately thirteen percent of all state criminal convictions. Of these state ordered drug possession sentences, approximately 33 percent of offenders received prison time, 31 percent received jail time, and 36 percent received probation time. Drug possession sentences can be different depending on whether they are ordered by the federal or state courts. The average incarceration for federal drug possession sentences is 81 months, and the average incarceration for state drug possession sentences is about twenty months.
Some jurisdictions have mandatory minimums for drug possession sentences. This means that a pre-determined punishment will be ordered in drug possession sentences for possession of certain quantities of certain drugs. These laws give a judge little discretion when determining drug possession sentences and do not take into account a defendant’s background, character, role in the crime, and threat to society. In recent years drug courts have been established throughout the United States to provide non-violent drug offenders with drug treatment programs. Successful completion of these programs can result in reduced or dismissed drug possession sentences. They are also proving to be more effective and less costly than incarceration options.
If you would like to learn more about drug possession sentences, you may wish to contact a qualified and professional attorney 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...