So you see on the news that there is an epidemic of  oxycontin and opioid use. Perhaps someone you know is driving around with a bag of pills or heroin. (Or God forbid, you are). So you are wondering what’s going to happen if they get caught in possession.

Felony possession can be charged when a person has –
Physical control of a controlled substance
Dominion over a controlled substance
Access to a controlled substance

A controlled substance can be defined as –
A prescription medication that was prescribed for someone else
An illegal drug or material or compound or substance that is listed as scheduled/controlled/restricted

Felony Possession Penalties

Each drug listed as controlled is defined by state by type and bulk amount. The type and amount of a substance, as well as intent to sell or distribute will be used to determine the punishment. Ohio’s laws are typical:

Generally, a person charged with possession of a schedule I or II drug is guilty of a 5th degree felony, however –

If the amount equals the defined bulk amount but is less than 5 times the bulk amount it is a 3rd degree felony
If the amount is more than 5 times but less than 50 the bulk amount, it is a 2nd degree felony
If the amount is more than 50 times but less than 100 times the bulk amount it is a 1st degree felony
If the amount exceeds 100 times the bulk amount, the defender is considered a major drug offender and will be sentenced to maximum prison term and possible additional prison terms.

If a person is charged with a schedule III, IV or V drug, they are guilty of 1st degree misdemeanor, however –

If the amount equals the defined bulk amount but is less than 5 times the bulk amount it is a 4th degree felony
If the amount is more than 5 times but less than 50 the bulk amount, it is a 3rd degree felony
If the amount is more than 50 times the bulk amount it is a 2nd degree felony

Marijuana, and cocaine are often listed with their own specific punishments. Generally marijuana possession is punished as –

A misdemeanor offense for less than 200 grams
A 5th degree felony for up to 1,000 grams
A 4th degree felony for up to 5,000 grams
A 3rd degree felony for up to 20,000 grams
A 2nd degree felony for anything over 20,000 grams

Cocaine possession is generally punished as –

A 4th degree felony for up to 25 grams (5 grams for crack cocaine)
A 3rd degree felony for up to 100 grams (10 grams for crack cocaine)
A 2nd degree felony for up to 500 grams (25 grams for crack cocaine)
A 1st degree felony for anything over 1,000 grams (100 grams for crack cocaine)

If you know someone who is in possession, hopefully they will get help. If they have been arrested, they should call Alexander Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.