For many drug users, increased drug use can lead to dependency and this condition can lead to many new problems. As drug misuse and dependency increases it can become more difficult to work and maintain a job.
This can lead to financial problems as bills, such as mortgages, rent and rates, together with other household bills, cannot be paid. Even social security benefits might not be enough income to pay for drug use. Money may need to be borrowed and if repayments can't be met, this brings other problems. As drug misuse increases, some people may use crime, such as burglary, to find items that can be stolen and sold to others to raise money to buy more drugs.
Others may resort to more serious crimes such as robbery, theft, extortion - anything to secure money to buy drugs. Some people will resort to dealing to raise income, but if caught by the police this can lead to higher penalties being given by a court.
It is important to realise that getting involved in drugs can bring many other problems that can affect your health, your relationships with your family and friends, your financial wellbeing and where you live. Drugs are put into one of three categories, according to how dangerous they are and the impact they have on society - not necessarily the individual. The chemical composition of these new substances changes quickly.
A temporary banning order allows a substance to be banned until analysis can be carried out to assess the potential risks to human health.
If the police stop you and you are in possession of drugs, it is likely that you will be arrested. The drugs found will be seized and destroyed. If you're caught with drugs you may be charged with possessing or possession with intent to supply - a much more serious offence controlled drugs, whether it's yours or not.
If you're aged 17 or under, the police are allowed to tell your parent, guardian or carer that you've been caught. If the police find you with drugs, the punishment that you receive will depend on the class of drug, the quantity of drugs found, where you are found if found close to a school or youth club, the court can give a higher sentence and your personal history previous crimes, but importantly, any previous drug offences.
For example, if you are under 18 years old and found with a Class C drug, and depending on the circumstances, it should be anticipated that, as a minimum, you will receive a formal recorded warning and a police caution. On the other hand, you may find that the threshold for a drug such as cocaine in the same state stands at 28 grams or more.
Possession plays a key role in drug distribution charges but on its own is not enough to get you convicted. Along with demonstrating that the quantity of illegal drugs in your possession is sufficient for drug trafficking charges, they must also prove it was intentional. For instance, if you rent a car with 5 kilograms of illegal drugs hidden in the dashboard, you will not be convicted of drug trafficking as you are not aware of the presence of the drugs despite being found in possession.
However, if you in any way have control of where the drugs are, or they are found in your personal effects, charges you will face drug distribution charges. One of the biggest misconceptions about drug trafficking charges is that you must participate in the manufacture, sale, or distribution of the drugs.
Facing drug trafficking charges is a very serious matter, whether on a state or federal level. Depending on the severity of the charges, you may be facing years, possibly decades in prison. Drug trafficking charges come with a minimum mandatory sentence for guilty persons.
This means, regardless of the conviction, there is a mandatory period that you must remain in jail before you can be released on parole. As such, if the mandatory minimum sentence for your state is three years and you have been convicted for 15 years, you can only qualify for parole upon serving for three years. In some cases, the prosecution may offer you a plea bargain where you agree to accept the drug trafficking charges against you. In turn, you will receive a probation sentence with specific court-ordered conditions that you must adhere to.
During the probation period, you will be monitored by a probation officer, with whom you may need to seek permission to travel outside the state. Part of the deal will also include agreeing not to break any other laws and random drug testing. Most of the time, probation lasts one year, but it can also be as many as three or more. One of the ways Congress and state governments use to discourage drug trafficking is by issuing hefty fines. Even if you are facing drug trafficking charges for the first time, you will likely face jail time exceeding one year.
Depending on the gravity of your case, you may get over ten years and possibly a life sentence. Drugs penalties. Related content Police powers to stop and search: your rights Being arrested: your rights Being charged with a crime.
Explore the topic Courts, sentencing and tribunals. Is this page useful? Maybe Yes this page is useful No this page is not useful. Thank you for your feedback. You might be charged with possession if you have had cautions or convictions for similar offences before, or if you have more than a small amount of drugs on you. There is no set amount of drugs where the police will decide to charge instead of giving an out of court disposal.
It is possible to challenge a police decision to charge you instead of giving an out of court disposal. For advice on this please call the Release helpline or email us. If it is your first offence, the Court can give you an absolute or conditional discharge. An absolute discharge is no punishment at all, but you will still have a criminal record. A conditional discharge means that if you are convicted of another offence within a certain time normally 12 or 18 months you can be sentenced for the new and old offence.
You are most likely to get a fine at court for drug possession sometimes you will also get a discharge if it is a first offence, or it has been a long time since your last conviction. A fine is expected to be paid straight away but if you get benefits or have a low income you can make an arrangement to pay in instalments. If you have previous convictions for possession of drugs or other drug offences, the worse the sentence will be.
It is possible to go to prison for a few weeks or months for simple possession. You will get a harsher sentence if you were in possession of drugs in or near a school, or in a prison. You will get a lesser sentence if you have no previous convictions or if you are charged with cannabis possession and are using it to help relieve the symptoms of a medical condition.
The Sentencing Council's detailed tables for this offence can be viewed here. For most other offences the Court decides a sentence based on a range of factors. Culpability is decided by considering the type of role that the defendant undertook; for example, did they make a profit? Did they have control over others involved in the supply chain? Was it solely for their own use? Or, did they provide drugs to friends for no money?
These types of questions will determine what type of role the Court considers applicable to the offence. There are three possible roles that a court can consider:.
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