When facing drug charges, it is important to understand the legal distinction between selling drugs and using drugs. There are many different issues to consider, from specific possession and distribution laws in each state to matters concerning the legal status of the drug in question. It’s also helpful to understand the distinctions between misdemeanor and felony offenses related to selling or using drugs. In some places, you can face additional or more severe charges if this is not your first offense. If you have been charged with a drug-related crime, it is critical to seek advice as soon as you can from an experienced drug defense lawyer.
Different Types of Drug Charges
Drug charges vary from state to state, and there are also federal drug laws. Depending upon where you are charged, you may face different types of offenses related to using and selling drugs.
For example, drug use may be charged as drug possession, including possession without a valid prescription. Drug possession charges typically occur when a person has a relatively small quantity of a drug for personal use. Still, possession charges can also include large quantities of a controlled substance.
Even if you do not intend to sell a medication or controlled substance, you can be charged with selling drugs if you possess a large enough quantity. Selling drugs often results in charges like drug manufacturing, drug distribution, and drug trafficking. Whether a crime is classified as drug distribution or trafficking often depends on the amount of the drug involved. A person can face distribution charges for selling a very small amount of a drug for personal use, while trafficking charges usually apply to the sale of larger quantities of a drug or controlled substance.
Illegal Drugs and Legal Drugs
One major issue in any criminal case related to drug sales or use is whether the drug is legal or illegal. To be clear, some drugs are legal to use and possess when a person has a valid prescription. For example, certain medications like oxycodone (Oxycontin), alprazolam (Xanax), methadone, morphine, codeine, and fentanyl may have valid and lawful uses when prescribed by a doctor. However, you can face charges if you use or possess one of these medications without a prescription. Even if you have a prescription for a drug that is otherwise unlawful to possess, attempting to sell the prescription drug may result in criminal charges that could include distribution or trafficking.
Misdemeanor Vs. Felony Offenses
Depending upon the type and amount of the drug in question, a criminal charge related to selling or using drugs can be a misdemeanor or felony offense. Misdemeanor charges are less serious than felony charges but will still result in a criminal record upon conviction and may result in prison time. Felony offenses will typically result in a prison sentence in addition to a monetary fine.
If you have questions about drug charges or defending yourself against them, you should seek advice from an experienced criminal defense lawyer.