What is the penalty for simple drug possession in the US?
It varies by state and substance. Personal-use possession of a hard drug is a misdemeanor or low-level felony in most states, often eligible for drug court or diversion. Federal simple possession under 21 USC 844 carries up to one year and a $1,000 minimum fine for a first offence.
What are federal drug trafficking mandatory minimums?
Under 21 USC 841, distributing threshold quantities triggers mandatory minimums: commonly 5 years for one tier and 10 years for a larger tier (for example, 500 grams versus 5 kilograms of cocaine). A prior felony drug conviction or a death resulting from the drug raises these minimums substantially, up to 20 years or life.
Is marijuana possession still illegal?
It is legal or decriminalized for adults in many states, where small-amount possession is a civil fine or fully legal. However, marijuana remains a Schedule I controlled substance under federal law, so possession can still be charged federally and in states that have not legalized it.
What is the difference between possession and possession with intent to distribute?
Simple possession means holding a drug for personal use. Possession with intent to distribute is charged when the quantity, packaging, scales, large amounts of cash, or communications suggest sale. Intent to distribute is a felony carrying far harsher penalties, including federal mandatory minimums at threshold weights.
Can I get drug charges dismissed through drug court?
Often, yes. Many jurisdictions run drug courts or deferred-adjudication programs that let eligible defendants complete treatment and supervision in exchange for a dismissal or reduced charge. Eligibility usually depends on the offence being non-violent, personal-use, and the defendant having a limited record.