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Controlled substances are put into categories of Schedules I through V based on the potential for abuse, the potential for dependence, and medical use. Possession of controlled substances can carry penalties ranging in severity from $100,000 fines and/or 40 years in prison.
Controlled Substance Charges in Appleton
Penalties for possession of controlled substances will vary based on the type of drug, the amount in your possession, and whether you were just possessing it or intended on distributing it. Possessing drug paraphernalia also results in similar charges and the suspension of your driver’s license. Subsequent charges of possession are Class I felony offenses that carry penalties of 3.5 years in prison and/or $10,000 fines.
First-time possession of most controlled substances such as cocaine is a misdemeanor charge with maximum penalties of $5,000 fines and/or a year in jail. Possession of more serious drugs like Schedule I and II substances is a Class I felony, even for first offenses.
It is a low-level felony to possess a controlled substance with the intent to deliver. You may be charged with a Class I felony to a Class C felony depending on the drug type and how much you possess. Class C felonies carry maximum penalties of 40 years in prison and/or $100,000 fines. The amount you have carries stiffer penalties. For example, possession of 1,000 grams of Marijuana has more severe penalties than possession of 200 grams.
What are Controlled Substances?
Most people know controlled substances as drugs. Drugs are separated into different categories based on the effects they have on the body. The United States classifies drugs into five different categories. These categories are called schedules.
To create control over drugs in the US, the Uniform Controlled Substance Act was created. The categories include:
- Schedule I: Substances considered to be highly addictive, at risk of being abused, and serve no medical purposes (heroin, ecstasy, LSD, etc.)
- Schedule II: Substances with a high risk of abuse but serve to help someone medically (amphetamines, Oxycontin, Adderall, etc.).
- Schedule III: Substances such as anabolic steroids, Tylenol with codeine, testosterone, ketamine, etc.
- Schedule IV: Substances such as Ambien, Valium, Xanax, etc.
- Schedule V: Substances such as cough syrups or Lyrica
These drugs are not all-inclusive. Hundreds, even thousands, of drugs fall into these categories. Normally you could come across all these substances, other than Schedule I, with a valid prescription. If you find yourself in possession of Schedule I substances or substances without a valid prescription, you could face criminal charges.
How long will a controlled substance charge stay on my record?
A controlled substance charge will remain on your record forever. Some misdemeanors and low-level felonies are eligible for expungement. This will seal your record from the public but will not remove it from your criminal record. An expungement does not give you back civil rights you initially lost from your conviction such as gun rights.
How do I beat a controlled substance case?
Since some controlled substances are small, they are not always visible. This means that police normally have to be searching to find them. You have constitutional rights that protect you from illegal searches and seizures. If police perform an illegal search of you, your home, or your vehicle, your charges could be reduced or dropped. Reach out to our Appleton criminal defense lawyers who are experienced in using a range of defense tactics for controlled substance cases. Tom Grieve has earned a reputation in the Milwaukee area for helping his clients get felony charges reduced or dropped. When it comes to first offense DUIs, drug charges, domestic violence, or sexual assault, Grieve Law is your best option.
