The different drug penalties for drug possession vary drastically depending on the type of drug found on your person. They may involve minimum mandatory state prison sentences and substantial fines and penalties.
Different Drug Penalties | Marijuana
Unlike states in Colorado or Washington or the District of Columbia, it is still illegal to possess marijuana, especially in quantities over 28 grams. First-time possession doesn’t carry much consequence, a citation and a $100 fine. It is a non-criminal charge in New York State. We have decriminalized certain amounts of marijuana. In most cases I will be able to get you a delayed dismissal. If you possess marijuana in a quantity over 28 grams, you will be charged with either a misdemeanor or a felony.
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Different Drug Penalties | Cocaine
Cocaine, on the other hand, carries a much stiffer penalty. Even if you are only found to be in possession of a very small amount, penalties can be several months to 15 years in prison and fines can be up to $500,000. Prosecutors and police will look at the type of cocaine and the amount to determine whether it is a misdemeanor or a felony.
Different Drug Penalties | Possession with Intent
Possession with intent to distribute may be determined based on the number of drugs found on your person. The quantity required to increase the charge from simple possession to possession with intent to distribute varies between the drugs found and their weight. Penalties for this offense are very serious. They range from a misdemeanor to an A felony.
Different Drug Penalties | Distribution
Individuals are usually charged with distribution if they are caught with a larger quantity of drugs than would warrant a possession charge, but not enough to necessitate a drug trafficking charge. The heavier the drug, the steeper the penalty. And for a significant amount, an individual can face years behind bars.
If you have been charged with one of these crimes, please call our experienced Buffalo criminal defense attorney today for a free consultation.