How Drug Charge Severity Is Determined
Facing a drug possession or distribution charge? Here's a general overview of the factors that typically affect severity.
Drug charges range widely in severity, from a minor possession citation to a serious felony distribution charge. Here's a general overview of the factors typically involved.
Type of substance
Different substances are classified differently under state and federal law, generally affecting potential penalties.
Quantity
Larger quantities are commonly associated with more serious charges, sometimes triggering a presumption of intent to distribute rather than simple possession.
Intent — possession vs distribution
Charges alleging intent to sell or distribute are generally treated more seriously than simple possession charges.
Prior record
Prior drug-related offenses can generally increase the severity of charges and potential penalties.
Location factors
Some states apply enhanced penalties for alleged offenses occurring near schools or other specified locations.
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