Westchester County Drug Possession Lawyers

The five drug schedules, also known as controlled substance schedules, are a classification system used by the United States Drug Enforcement Administration (DEA) to categorize drugs according to their potential for abuse, medical use, and safety. The penalties you may face for drug possession will partly depend on what schedule the drug falls under.

The five drug schedules are:

• Schedule I: These drugs have a high potential for abuse, no accepted medical use, and a lack of accepted safety for use under medical supervision. Examples of Schedule I drugs include heroin, LSD, marijuana, and ecstasy.
• Schedule II: These drugs have a high potential for abuse, but also have an accepted medical use with severe restrictions. Examples of Schedule II drugs include cocaine, morphine, oxycodone, and fentanyl.
• Schedule III: These drugs have a lower potential for abuse than Schedule I and II drugs, an accepted medical use, and moderate to low physical dependence. Examples of Schedule III drugs include anabolic steroids, ketamine, and some barbiturates.
• Schedule IV: These drugs have a lower potential for abuse than Schedule III drugs, an accepted medical use, and limited physical or psychological dependence. Examples of Schedule IV drugs include Xanax, Valium, and Ambien.
• Schedule V: These drugs have the lowest potential for abuse among the controlled substances and accepted medical uses. Examples of Schedule V drugs include cough medicines with codeine and certain anticonvulsants.

WHAT ARE THE PENALTIES FOR DRUG POSSESSION IN NEW YORK?

Although the consequences for possession charges vary based on each individual case, possible penalties may include:

• Possession of 8 or more ounces of substance containing a narcotic drug is charged as a class A-1 felony and may result in 8-20 years in prison and/or up to $100,000 in fines.
• Class B-E felony charges may result in 1-9 years in prison and/or up to $15,000-$30,000 in fines.
• Unlawful possession of marijuana may result in up to 15 days in jail and/or a maximum fine of $250.

DEFENSES TO DRUG CHARGES

Your future is important to our team at Riebling & Payton, PLLC. We understand that being arrested for a drug crime does not make you a criminal. With the right planning and preparation, we can help you improve your chances at a favorable outcome for your case. There are many different defenses you may be able to use to tell your side of the story.

You may be able to prove:

• You were not aware of any illegal substances in your possession
• The substances in your possession were not illegal
• The amount in possession was negligible

A drug crime conviction can result in long prison sentences and huge fines, so it is important that you get help protecting yourself and your future. During your free consultation, we can go over the challenges you face and help you make the best use of your available legal options.