PC §602(A)(1) - POSSESSION OF A CONTROLLED SUBSTANCE (SCHEDULE I > SCHEDULE II)

CLASS F FELONY

(a) Definition

Possession of a controlled substance is the act of knowingly and intentionally having in one's possession, custody, or control a substance listed as a high level controlled or regulated under state or federal law without a valid prescription or authorization.

Types of High Level Control Substances

Low Level Controlled substances may include, but are not limited to, the following categories:

  1. Narcotic drugs: Opiates, opioids, and synthetic opioids such as heroin, morphine, oxycodone, hydrocodone, and fentanyl.

  2. Stimulants: Amphetamines, methamphetamines, and cocaine.

  3. Non Prescription medications: Controlled substances available only with a valid prescription, such as painkillers, tranquilizers, and stimulants.

  4. Hallucinogens: LSD, psilocybin mushrooms, MDMA (ecstasy), and PCP.

  5. Depressants: Benzodiazepines, barbiturates, and sedatives such as diazepam, alprazolam, and zolpidem.

(b) Elements of the Offense

The following elements must be met to constitute possession of a controlled substance:

  1. The defendant knowingly and intentionally possessed a substance listed as controlled or regulated under state or federal law.

  2. The substance was in the defendant's possession, custody, or control.

  3. The defendant did not have a valid prescription or authorization for the possession of the controlled substance.

(c) Defenses

  • (a) It shall be a defense to a charge of possession of a controlled substance if the defendant can prove that they had a valid prescription or authorization for the possession of the substance.

  • (b) Lack of knowledge of the presence of the controlled substance, lack of intent to possess the substance, or coercion or duress at the time of possession may also serve as defenses if proven by the defendant.

(d) Aggravating Factors

Aggravating factors such as possession of large quantities of controlled substances, possession with intent to distribute, involvement in drug trafficking or manufacturing, or possession in proximity to schools or other protected areas may result in enhanced penalties or additional charges as determined by the court.

Penalties

Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:

JAIL TIME

100 SECONDS OF JAIL TIME.

BOND SET

$10,000.00

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