Gillette Drug Possession With Intent Defense Attorneys
Fighting to Protect Your Freedom After a Gillette Drug Possession Arrest
Attitudes about some types of recreational drugs have evolved, and many communities are pursuing harm reduction strategies for drug use and possession. But strict penalties for possession and distribution of marijuana and other drugs are still being enforced in Wyoming.
If you are found to be in possession of even small amounts of illegal drugs in Gillette, you could be facing heavy fines and jail time. And penalties increase when police are able to prove drug possession with intent to manufacture or distribute.
If you’ve been charged with any type of drug crime in Campbell County, it’s crucial to talk to an experienced Gillette drug crime defense attorney right away. Contact Steven Titus & Associates, P.C. to schedule a FREE case strategy session today by calling (307) 257-7800.
How Drugs Are Classified
Drugs are classified into five different categories known as Schedules, based upon factors that include harmfulness and potential for addition:
Schedule I – Substances with high potential for abuse and no currently accepted medical use in treatment in the US, including heroin, crack cocaine, LSD, PCP, peyote, and marijuana.
Schedule II – Substances with no currently accepted medical use in treatment that may lead to severe psychological or physical dependence, including cocaine, Dexedrine, OxyContin, morphine, fentanyl, and methamphetamine.
Schedule III – Substances with a moderate potential for dependence, including codeine, ketamine, testosterone, and anabolic steroids.
Schedule IV – Substances with a low risk for dependence, including Xanax, Valium, Ambien, Soma, and Darvon.
Schedule V – Substances with a lower potential for abuse than Schedule IV drugs, including Lomotil and over-the-counter cough medicine such as Robitussin, and Lyrica.
Penalties for Drug Possession
Drug possession is the crime of willfully possessing illegal controlled substances. Possession may denote actual possession, which means having immediate physical contact with drugs, such as in your hands or in one of your pockets. In these cases, no one else has equal access to the drugs.
There is also constructive possession, which may be charged when law enforcement finds drugs in your general area. To convict a person of constructive possession, prosecutors must prove that the defendant knew illegal drugs were present and had control over them.
A first offense for possession of small amounts of a Schedule I, II, III, or IV controlled substance carries up to one year in prison and fines up to $1,000.
First-time offenders may be eligible for deferred proceedings. If you abide by all terms of the court’s proceedings for five years, the court will discharge you and dismiss the charges.
Subsequent offenses for possession of a small amount of Schedule I, II, III, or IV controlled substances carry up to five years in prison and fines up to $5,000.
Possession of larger amounts of Schedule I, II, and III controlled substances carries up to 10 years in prison and fines up to $10,000.
Possession of larger amounts of Schedule IV substances carries up to 2 years in prison and fines up to $2,500.
Possession of larger amounts of Schedule V substances carries up to 1 year in prison and up to $1,000 in fines.
Possession with Intent to Manufacture or Deliver
Penalties become much harsher when prosecutors are able to prove that you are manufacturing drugs or you intend to sell them.
Intent to manufacture or deliver Schedule I or II substances such as methamphetamine or a narcotic drug carries up to 20 years in prison and fines up to $25,000.
Intent to manufacture or deliver a Schedule I, II, or III substance that’s not a narcotic or methamphetamines carries up to 10 years in prison and fines up to $10,000.
Intent to manufacture or deliver Schedule IV substances carries up to 2 years in prison and fines up to $2,500.
Intent to manufacture or deliver Schedule V substances carries up to 1 year in prison and fines up to $1,000.
Possession of laboratory equipment and precursor chemicals used to manufacture drugs can be cited by prosecutors as evidence of intent to manufacture drugs.
The following can be used as evidence to prosecute defendants for intent to distribute drugs:
- Possession of baggies or scales
- Having frequent short-term visitors
- Possession of drugs broken up in small amounts
- Communications with buyers
- Possession of more drugs than needed for personal use
- Statements made to an undercover officer that you have drugs and are willing to sell them
Drug trafficking is a felony offense that includes the sale, transport, or importation of illegal drugs. Depending on the type of controlled substance, the amount involved, and other circumstances, you could be looking at up to 20 years in prison and huge fines if you are charged with trafficking.
We’re on Your Side
At Steven Titus & Associates, P.C., our Gillette criminal defense lawyers available for our clients by phone at any time, 24/7. Our team will investigate the case against you and come up with the best strategy to get your charges reduced or dismissed.
Call (307) 257-7800 to learn more today.
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