Simple Possession of Drugs in Federal Court : 21 U.S.C. § 844
What is Simple Possession of Drugs in Federal Court?
Simple possession of drugs refers to possession of controlled substances. This statute specifically addresses the unlawful possession of a controlled substance, which is one of the most common drug-related charges in federal court. A conviction under 21 U.S.C. § 844 can lead to significant legal penalties, including imprisonment, fines, and a criminal record. This is different with possession with the intent to distribute, which is punished as a felony under 21 U.S.C. § 841. Often times, these charges stem from possessing controlled substances on military bases like Fort Myer, Fort Belvoir, and Quantico, on federal lands like Wolf Trap Park and other National Park land.
Understanding a Federal Simple Possession of Drugs Charge
21 U.S.C. § 844 makes it illegal to possess a controlled substance, including narcotics, stimulants, depressants, hallucinogens, and other drugs that are regulated under federal law.
- Controlled substance: Drugs that fall under the Controlled Substances Act (CSA) are classified into schedules based on their potential for abuse and medical use. Common substances involved in 21 USC § 844 charges include marijuana (though still illegal federally), cocaine, heroin, methamphetamine, ecstasy, and prescription medications
- Possession: The charge requires that you knowingly possess the controlled substance. Possession can be actual (having the drugs on your person) or constructive (having control over the drugs, even if they are not physically on you).
Potential Penalties for a Federal Simple Possession of Drugs Conviction
Federal simple possession of drugs is punished as a Class A Misdemeanor, which is the most serious federal misdemeanor, punishable by up to 12 months in jail and/or a fine of at least $1,000. The potential penalties for a federal simple possession of drugs conviction ranges depending on your prior history.
First-Time Offense:
- Marijuana and other Controlled Substances: If you are caught possessing marijuana (still illegal under federal law) or other controlled substances, the maximum penalty can be up to 1 year in prison, but some cases may result in probation or a fine, depending on the circumstances.
Subsequent Offenses:
- Higher Penalties: If you have a prior drug conviction, penalties can increase significantly. A second or subsequent offense may lead to more severe sentences, including mandatory minimum prison sentences and higher fines.
How Our Federal Criminal Defense Attorneys Can Help You
Federal simple possession of drugs charges are serious charges in both DC and Virginia. It is important that you work with an experienced federal criminal defense attorney to assess potential defenses in your cases and explore your options. Our attorneys can assess your case and the government’s evidence to determine what defenses may be available. Each case varies depending on the specific circumstances and a good defense attorney will be able to determine what arguments to make. In the event the facts and evidence are difficult to overcome, an attorney can also negotiate with the prosecutor to get the best deal possible. We assist clients in the US District Court for the District of Columbia and the US District Court for the Eastern District of Virginia. Contact us today for a free consultation regarding your federal simple possession of drugs charge.
