Brent M. Brumley | Attorney At Law
Brent M. Brumley | Attorney At Law
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4 considerations in drug possession trials

On Behalf of | Jun 16, 2024 | Drug Charges |

Drug possession is a serious criminal charge in Mississippi. Being charged with drug possession could cause a defendant to not only spend time in jail and be expected to pay fines but it could also affect their job, housing, voting and education opportunities. 

During a drug possession trial, there are several aspects of the case that are considered before determining a sentence. Here is what you should know:

1. The classification of the drug in possession

Drugs are classified under schedules by the Controlled Substance Act (CSA). Schedules determine the severity of substances. If a drug is considered as a Schedule V substance, then it has a low potential of causing addiction and likely has many medical uses. A Schedule I drug means that it is very dangerous. Possession of a Schedule I substance can lead to harsher punishments than if caught in possession of a Schedule V drug. 

2. The quantity of the illicit substance

The amount of a drug found can have a lot of influence on a drug possession trial. If there was only a small amount of illicit drugs found, then the defendant may face lesser charges. However, a small amount of a Schedule V drug can still lead to harsh charges. Larger quantities of illicit drugs often mean there was trafficking activity. 

3. The use of the illegal drug

Many defendants face lesser penalties for possession of illicit substances without the intent to distribute. Distributing, manufacturing or trafficking illegal substances may lead to longer jail time and harsher fees.

4. The defendant’s criminal background 

Even if a defendant is expected to face lesser charges because of possession of illicit drugs, a criminal background could automatically result in harsher charges. 

Understanding how to create a legal defense against drug possession accusations can protect suspects from life-changing criminal charges.