Over the years, law enforcement has cracked down on both drug users and distributors. However, in those efforts, sometimes, innocent parties get caught in the crossfire.
For those facing criminal drug charges, it can be beneficial to understand the case’s important aspects. To that extent, parties should know a few key terms for any drug charge.
Controlled substance schedules
The schedules of controlled substances play a major role in determining the drug charge penalties a party faces. There are five different schedules, and drugs fall under a specific schedule according to its addition level and the threat it poses to those who use it. More addictive and dangerous drugs carry greater penalties.
In short, a controlled substance is an illegal drug, in accordance with the law. While the same drug may fall under controlled substances and prescriptions, the two are not the same. Under the categorization of a prescription, a drug is legal. However, the prescription must be valid and current, and the drug must not exceed the prescription’s allotted amount. By the same token, too much of a prescription drug, or any amount of a prescription drug without a valid prescription, may constitute a controlled substance.
In the eyes of the law, possession is not necessarily having the substance on the party’s person. In regards to drug charges, possession is having a substance under a party’s control. This could be in a person’s pockets, anywhere in his or her belongings or even in a storage closet the person rents. As long as the individual has some way to control the use or distribution of the substance, it may constitute possession.
While these terms are key and can help in preparing for a case, they are not the only aspects to be aware of. Defendants should work with their attorney to determine the best course of action and to build a strong defense.