Drug crimes involve the possession, possession with intent to distribute, trafficking, and manufacturing of illegal controlled substances, as well as prescription drugs. Common illegal controlled substances include marijuana, cocaine, crack, methamphetamine, MDMA, and ecstasy. As a former police officer, our criminal defense lawyer has seen countless lives be ruined by these convictions and strives to build personalized defense strategies that pursue justice for every client.
If convicted, your punishment will depend on the type and amount of the alleged crime, any prior offenses, and aggravating factors. The state organizes prohibited drugs in a controlled substance schedule:
Schedule I: Has a high potential for abuse, not accepted for medical treatment, or unsafe to use as treatment under medical supervision. Examples: Opiates, opium derivatives, hallucinogens, etc.
Schedule II: Has a high potential for abuse, currently accepted for medical use or medical use with severe restrictions, and abuse may lead to severe psychic or physical dependence. Examples: Opium and opiates, codeine, morphine, cocaine, etc.
Penalties for Schedule I and II Drugs
- First offense: Misdemeanor punishable by a fine of up to $5,000 and/or two years in prison
- Second offense: Felony punishable by a fine of up to $5,000 and/or five years in prison
- Third offense: Felony punishable by a fine of up to $10,000 and/or five years in prison
Schedule III: Has a lower potential for abuse than Schedules I and II substances, is currently accepted for medical use, and abuse of the substance may lead to moderate or low physical dependence or high psychological dependence. Examples: Stimulants, depressants, nalorphine, and compounds mixed with codeine, morphine, opium, etc.
Schedule IV: Has a low potential for abuse relative to Schedule III substances, it is currently accepted for medical use, and abuse of the substance may lead to limited physical or psychological dependence relative to Schedule III substances. Examples: Depressants, stimulants, fenfluramine, butorphanol, pentazocine hydrochloride, and compounds with limited quantities of difenoxin and dextropropoxyphene.
Schedule V: Has a low potential for abuse relative to Schedule IV substances, it is currently accepted for medical use, and abuse of the substance may lead to limited physical dependence or psychological dependence relative to Schedule IV substances. Examples: Narcotics containing non-narcotic active medicinal ingredients, such as limited percentages of codeine, opium, etc.
Penalties for Possessing Other Schedule I, II, III, IV, or V Drugs
- First offense: Misdemeanor punishable by up to $1,000 fine and/or up to 6 months in jail
- Second offense: Misdemeanor punishable by up to $2,000 fine and/or up to one year in jail
Don’t risk your freedom over a drug crime charge: We believe you deserve focused, diligent advocacy to fight it. Contact us online or call 803-708-4755 to learn how we can help!
