In Georgia, cocaine is classified as a Schedule II Narcotic Drug. That classification is important because, as we will soon learn, the penalties for possession of a Schedule II Narcotic Drug are harsher than penalties for possession of a Schedule II Controlled Substance.
To prove that a defendant possessed a restricted dangerous drug, the prosecution must establish four elements: (1) the defendant exercised dominion and control over the substance, (2) there 3 Page 4 was a usable quantity of the substance, (3) the defendant had knowledge of the substance's presence, and (4) the ...
Penalty Group 1:WeightClassification for PossessionPenalty for Possession4-200G2nd Degree Felony2 to 20 years in prison & possible fine not to exceed $10,000200-400G1st Degree Felony5 to 99 years in prison & possible fine not to exceed $10,000>400GEnhanced Felony 110 to 99 years in prison & fine not to exceed $100,0002 more rows•Jun 24, 2020
Tennessee simple possession cases that were dismissed, retired, or otherwise received a verdict of not guilty may be easily expunged by filing paperwork with the court clerk. These cases may be cleared from your record without paying the standard fee.
The defendant [unlawfully] possessed a controlled substance. The defendant knew of its presence. The defendant knew of the substance's nature or character as a controlled substance.
In order to prove the elements of a drug trafficking offense, the police are required to prove the following elements beyond reasonable doubt that: The individual intentionally trafficked, attempted to traffic a substance, or carried on a business of trafficking drugs.
Penalty Group 1→ Penalty Group 1 The drugs in Penalty Group 1 are the most heavily regulated in Texas, as they pose no medical use whatsoever. They include the most dangerous and addictive drugs including: Cocaine. Crack.
What Are the Penalties for Drug Possession in Texas?PossessionPenaltyMaximum FineLess than 1 gramState jail felony$10,0001 to 4 grams3rd degree felony$10,0004 to 400 grams2nd degree felony$10,000More than 400 grams1st degree felony$50,000Dec 14, 2020
If you have never been convicted of a felony before, then Texas law mandates that the Judge must give you probation. In addition, even if you have been arrested of a felony drug charge before and even if you have a previous 12.44a, the Judge still must give you probation even if the State does not want to agree.
a $2,500 fineSimple possession in Tennessee is a misdemeanor offense punishable by up to 11 months and 29 days in jail and a $2,500 fine. The criminal offense of simple possession, as the name indicates, usually means that you possessed a controlled substance, but did so for personal use and were not selling the drug.
All charges of possession with intent are considered felonies, and the punishment can range from 1 year in jail to 30+ years in state prison. Sale or Possession w/Intent: All of these charges are felonies, ranging in penalties and fines. Sale or possession with intent is a serious drug charge.
(a) It is an offense for a person to knowingly possess or casually exchange a controlled substance, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice.