Varying Drug Charge Schedules

Varying Drug Charge Schedules

Drug related felony offenses include the manufacturing, distribution and possession with the intent to distribute. The severity of penalty in drug related possession offenses depends on the type and quantity of drug involved in the offense. Charges also intensify with bodily injury, death or prior drug felony convictions. It is important to seek an experienced and knowledgeable felony defense attorney to work with the justice system to ensure a fair and favorable outcome.

Drugs, according to the Drug Enforcement Administration, are categorized into five different schedules or types in the United States based on accepted medical use, dependence and abuse potential. The definition of each schedule range from the most severe in Schedule I to the least severe in Schedule V. Schedule I drugs have a high potential for abuse and are not considered viable for medical usage within the United States. Some examples of Schedule I drugs are heroin, LSD, marijuana, peyote and ecstasy. Schedule II drugs also have a high potential for abuse and dependence, but are considered to have viable medical use in the United States. Commonly known Schedule II drugs include Morphine, Opium and Oxycodone. Schedule III and IV drugs have a moderate to low level of potential for abuse and dependence. Schedule V drugs have a relatively low potential for abuse and consist primarily of over the counter medications such as cough suppressants. An example of a Schedule V drug is Robitussin with Codeine.

The amount or quantity of drugs found on an individual is important when considering the severity of a drug possession felony offense. The quantity of an illegal substance could be the difference between probation and more serious charge. Here is a break down of the potential charges (depending on schedule of drug) for the distribution, manufacture, sale or possession of less than one gram of a controlled substances:

Controlled Substance

Felony Class

Schedule 1 or 2

Schedule 1or 2 (possession)

Schedule 1 or 2 (with prior offense)

Schedule 3

Schedule 3 (with prior offense)

Schedule 4

Schedule 4 (with prior offense)

Schedule 5

Schedule 5 (with prior offense)

Class 3 Felony

Class 4 Felony

Class 2 Felony

Class 4 Felony

Class 3 Felony

Class 5 Felony

Class 4 Felony

Class 1 Misdemeanor

Class 5 Felony

 

If you have been charged with a drug possession felony and have questions concerning your options or legal rights, contact an experienced Denver felony defense attorney today. Drug possession, manufacturing and distribution charges can be very confusing. Let a professional attorney work on your behalf in order to get you the most successful outcome possible. Don’t let drug possession charges ruin your life. Denver felony defense attorney John Fuller has the expertise you need to understand the complicated justice system if you have been charged with drug possession. For more information and a FREE CONSULTATION contact John at (303)597-4500.