The Controlled Substance Act
The Controlled Substance Act is a consolidation of laws that regulate the possession,
manufacture and distribution of narcotics, stimulants, depressants, hallucinogens,
anabolic steroids, and chemicals used in the illicit production of controlled
substances or illegal drugs.
The Act breaks down narcotics into 5 different categories or "schedules",
the most serious being "Schedule 1" offenses.|
Some examples of "Schedule
1" narcotics
are:
* Cocaine
* Heroin
* Methamphetamine
* Ecstasy
* PCP
* LSD
Penalties for schedule 1 narcotics offenses are severe. Depending on the
amount of narcotic seized, a first offense conviction could mean a prison
term of up to 20 years plus fines; and, if you have been convicted of 2 previous
offenses, you could be facing life in prison.
Marijuana laws vary slightly from
the above and are generally based on the amount of marijuana or hashish seized.
However the penalties for marijuana and hashish can be equally as severe,
depending upon the quantity.
For a concise list of controlled substances and
related penalties, please refer to http://www.usdoj.gov/dea/agency/penalties.htm.
If you have been charged with an offense under the Controlled Substance Act, do not attempt to face the court system without representation from a criminal attorney who has experience in successfully defending clients charged with drug crimes.
Your attorney may be able to reduce the penalties or even have the case dismissed by doing the following:
1. Have the evidence against you thrown out of court. If you were searched
and evidence was collected against you, it must have been done according
to the law. If the method by which law enforcement personnel carried out
the search of your property was illegal, the evidence against you cannot
be used in court.
2. If this is your first offense and there was no violence involved, you
could be eligible for alternative sentencing such as diversion program, special
drug court or in California, proposition 36.
A diversion program means that, if you plead guilty...and...if you submit to random drug testing for a specified period of time...and if you test "clean"; your case will be dismissed.
Drug court is an alternative for drug-addicted offenders. The court will use a combination of steps geared to rehabilitating you. Each phase must be successfully completed before you will be eligible to enter the next phase. If you successfully complete all phases of rehabilitation, the charges will be dismissed.
California Proposition 36, offers an alternative to incarceration for non-violent first time offenders. You will be placed on probation and sentenced to a drug rehabilitation facility for a year and follow-up care for an additional period of 6 months.
Controlled substance crimes are very serious charges and carry life changing consequences. If you or someone you know has been arrested, or is being investigated for a drug crime, you need advice from an experienced California criminal defense lawyer. Protect your rights and your freedom...
