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As an experienced Louisville Drug Crimes Lawyer, when you sort through the criminal justice system where drugs are involved it can often cause confusion and fear. I will start this discussion with the Scheduling of Drugs because oftentimes the law gives different penalties for drugs according to what Schedules they are on. The lower the Schedule means a higher abuse and dependency potential.
Common Schedule I Drugs
These drugs are classified as having a high potential for abuse and dependence. These drugs have no currently accepted medical treatment uses in the US, although there has always been controversy over Marijuana.
- Marijuana (although it is a Schedule I drug, it always seems to be treated differently)
- Bath Salts
Common Schedule II Drugs
These drugs are classified as having a high potential for abuse but less than Schedule I and some are currently accepted for some medical treatment use with severe restrictions in the US. Abuse may lead to severe drug dependence.
Common Schedule III Drugs
These drugs are classified as having a moderate to low potential for abuse and dependence. Thus, some are currently accepted for medical treatment use with restrictions in the US.
- Tylenol with codeine
- Anabolic Steroids (although it is a Schedule III drug, it is treated differently)
Common Schedule IV Drugs
These drugs are classified as having a low potential for abuse and dependence. Thus, some are currently accepted for medical treatment use with restrictions in the US.
Common Schedule V Drugs
These drugs are classified as having a low potential for abuse. Some are currently accepted for medical treatment use with restrictions in the US.
- Cough Syrups with codeine
Any experienced criminal defense lawyer will tell you that possession is a legal term of art. Thus, it may include or exclude things that people may intuitively think should count or not count as possession. Possession law can get pretty complex, especially when you start adding in legal fictions such as “Constructive Possession”. Suffice it to say in order to prove possession, the Commonwealth must prove the person knew what it was, where it was, and that they asserted dominion over it.
Potential Consequences of Possession of a Controlled Substance
Please keep in mind that these are potential consequences prescribed by law which may or may not happen if you are convicted depending on how your case is handled. Thus, charges could be amended down or up or dismissed altogether and plea agreements could be reached. Consequently, this is meant to act as a tool for you to know what consequences you are potentially facing from the criminal court system. This does not include other consequences that may go along with convictions including but not limited to: loss of voting & firearm privileges, loss of employment, student loan eligibility, civil liability, etc.
Remember, the burden of proof is on the Commonwealth to prove you committed the crimes alleged beyond a reasonable doubt.
Poss. of Controlled Substance 1st Degree– Class D Felony-1-3* years in prison (*Normally, the Class D Felony range is 1-5 years but this is a statutory exception).
Poss. of Controlled Substance 2nd Degree– Class A Misdemeanor-90 days to 12 mos. in jail.
Poss. of Controlled Substance 3rd Degree– Class A Misdemeanor-90 days to 12 mos. in jail.
Possession of Marijuana -Class B Misdemeanor-up to 90 days in jail* except that maximum term of incarceration shall be no greater than 45 days.
There are penalty enhancements and separate offenses for factors such as:
- how many prior offenses the person has
- whether they were trafficking in a controlled substance or merely possessed it
- weight of the drugs
- location of the incident (i.e. school zone)
- involvement of minors
- whether a firearm was present, etc.
Free Consultation- Call 502-509-2055
At your free consultation, I will go over your case in detail and answer any questions you have. As an experienced Drug crimes lawyer, I have a near encyclopedic knowledge of the process from start to finish. At your consultation, I will share this knowledge with you so that you can rest assured that you are in good hands.
No two Drug cases are the same and case results depend on a variety of factors. Possible outcomes we can discuss include:
- Dismissing of the Drug Charges
- Amending the Drug charge down
- Dismissing of other charges
- Dismissing of Penalty Enhancements
I offer free consultations in person, by phone, or via videoconferencing on Skype/Viber/Facetime. I answer calls 24/7. Please do not hesitate to contact me by calling 502-509-2055.
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