Question: Can You Go To Jail For Controlled Substance?

What happens if you get caught with a controlled substance?

As a result, federal and state governments have seen fit to regulate these substances.

A person caught possessing a controlled substance can be fined and held in prison by local, state, and federal law enforcement..

What happens if you get caught with Xanax?

Consequences for a misdemeanor may include court fines, probation, and potentially jail time. When a person is caught with larger quantities of Xanax, he or she will likely be charged with a felony. Felony charges can result in more severe consequences, including up to 10 years in prison.

There is no law that indicates individuals will be arrested merely for consuming a drug unless the individual is in a public place or operating a machine of some kind and the person is impaired.

What crimes get 5 years in jail?

ClassificationCrime (CGS §)Maximum Prison SentenceClass D FeloniesBurglary 3rd degree with a firearm (53a-103a)Five yearsPossessing child pornography 3rd degree (53a-196f)Five yearsCriminal use of a firearm or electronic defense weapon (53a-216)Five yearsCriminal possession of a pistol or revolver (53a-217)Five years57 more rows•Nov 13, 2008

What qualifies as intent to distribute?

Typically, intent to distribute or sell is assumed when a person is holding an amount of a CDS too large for personal use. Other circumstances that may indicate an intent to sell or distribute include: Communications from customers. Large amounts of money.

Is possession of a prescription drug a felony?

Penalty for Unlawful Possession of Prescription Drugs in California. Unlawful possession of prescription drugs falls under “unlawful possession of a controlled substance” in California law, which is a misdemeanor punishable by up to a year in county jail and a fine of up to $1,000.

What makes a drug a controlled substance?

A controlled substance is generally a drug or chemical whose manufacture, possession, or use is regulated by a government, such as illicitly used drugs or prescription medications that are designated by law. … The controlled substances do not include many prescription items such as antibiotics.

What are the five types of controlled substances?

The five classes of drugs are narcotics, depressants, stimulants, hallucinogens, and anabolic steroids. The schedule the drug is placed under depends on its medical use, its potential for abuse, and its safety or how easily people become dependent on it.

Can a felony drug charge be reduced to a misdemeanor?

How Can a Felony Be Dropped to a Misdemeanor? A felony charge can be dropped to a misdemeanor charge through a plea bargain, mistake found by the arresting officer or investigations, or by good behavior if probation was sentenced for the crime.

Is possession of a controlled substance a felony or misdemeanor?

Consequences of a Possession of a Controlled Substances Conviction. Under Proposition 47, possession of any drug on a Schedule is a misdemeanor crime, punishable by up to a year in prison. Not everyone qualifies for these misdemeanor charges, though.

What is the charge for controlled substance?

According to California Health and Safety Code section 11351, possession for sale of a controlled substance is a felony, and the punishment for sale of a controlled substance in California consists of 2, 3, or 4 years in county jail and a maximum $20,000 fine.

How long can you go to jail for narcotics?

Less than 1 gram: a state jail felony with possible punishment of up to 2 years in jail and a fine of up to $10,000. 1-4 grams: a 2nd degree felony with possible punishment of 2-20 years and fine of up to $10,000. 4-200 grams: a 1st degree felony with a possible punishment of 5-99 years and up to a $10,000 fine.

What is the mandatory minimum sentence for drug possession?

A mandatory minimum sentence is a minimum number of years, typically 5- or 10-years in prison, that must be served when a person is convicted of a particular crime. Mandatory minimum sentences for drug crimes are based on the amount of drugs involved.

What is the charge if you get caught with Xanax?

Depending on the quantity of pills involved, an individual is exposed to a third, second or even first-degree offense when they are charged with distribution or selling xanax. The jail exposure in this regard ranges from zero to 20 years in prison.

Is possession a felony?

However, possession is nonetheless a crime, and even mere possession of small amounts can be charged as a felony in states that have strict drug possession laws. And in those that are more tolerant, when very dangerous drugs are involved, such as heroin or cocaine, felony charges are likely.

What is Controlled Substance example?

Controlled substances are medications that can cause physical and mental dependence, and the manufacturing, possession and use of these medications is regulated by law. … Some examples of controlled substances include opioid pain medications like Vicodin, or ADHD medications such as Adderall.

Is Molly illegal in California?

MDMA (ecstasy) MDMA is illegal for possession under Health and Safety Code 11377. MDMA is illegal for possession for sale under Health and Safety Code 11378. In practice those without prior criminal histories convicted of HS 11377 will be granted PC1000, Prop 36, or felony probation.

Can you get probation for a felony drug charge?

Therefore, it is unlikely that you would receive probation for a felony drug charge – even if it is your first offense. … Your attorney may be able to negotiate a lesser charge, which then opens the potential for serving probation rather than a mandatory jail sentence.

How much is bail for a felony drug charge?

The bail amount for assault with intent to commit specified sex offenses while in the commission of first degree burglary is $1,000,000. How much is bail for administering drugs to aid felony (PC 222)? The bail amount for administering drugs to aid felony is $20,000.