What are the Common Offenses and Punishments in Drug Law

Posted by Kennedy William on December 27th, 2019

Drugs are an integral part of criminal law. Many a time, it is observed that the main reason behind a crime is the intake of drugs. The provision for drugs is mentioned both in federal and state statutes. The drug crime lawyers in Cobb County can help you if you are convicted of using or dealing with the banned drugs as per FDA(Food and Drug Administration).

Drugs are substances which hold the power to alter a human or animal’s biological states. It possesses the capacity to even alter the neurological states. It is easy to consume by mouth, can be inhaled, applied on the skin, injected with a needle or can be even smoked. The drugs which dull the senses and an individual becomes addictive after its prolonged use is called Narcotics. As per the law, drugs are different from narcotics. As per the drug law,  these substances are regulated by the FDA. Drugs are designed for use in and out of the body and help in regulating a human’s or animal’s health conditions whereas few types of Narcotics are used for curing purposes and are easily available at a chemist shop and rest are restricted and are termed as illegal narcotics and are banned by FDA.

The first main objective of Drug law is to regulate or emphasize the production, sale or use of drugs. Drugs such as sleeping pills, antidepressants and aspirin are regulated as per the Drug Law. The second main objective of Drug law is to prohibit and execute punishments on the production, sale, and use of illegal drugs such as cocaine, marijuana, etc. The federal and state statutes ensure the exercising of restrictions on illegal drugs. As per the statutes, even the possession of restricted drugs is a major part of the committed crime.

The few situations which are often considered to be an offense in Drug Law are:

Under the influence of drugs: It is the most common and prevalent offense. An individual who is said to be under the influence of drugs is convicted as a criminal and has to appear for courtroom hearing along with his drug crime defense attorney. In Georgia, it is a constituent of a misdemeanor to use. An example of being under influence is the act of ‘driving’.

Possession of illegal drugs: Under state and federal statutes, it is illegal to possess any number of drugs and hence is a criminal. There are exceptions wherein possession of certain drugs is legal. Possession of drugs used for medical purposes is allowed. The conditions which clear the possession of drugs are possession of enough drugs to be used, possession of drugs knowingly, and possessing an illegal substance knowingly and intentionally. In a general scenario, even the possession of ‘paraphernalia’ drugs is illegal. The term ‘paraphernalia’ denotes to the drugs which are used in the conjunction of other drugs for medical purposes.

Possession of drugs for sale: If an individual is found to have the possession of drugs to sell them further, it is a part of a crime. This type of offense has an additional possession of intending to sell, distribute or deliver the substance. Factors like having a payor, purchaser or having materials for packaging acts as evidence of possession of drugs for sale.

In case of conviction, it’s the binding duty of your drug crime attorney to evacuate you from the legal proceedings. Various penalties are established depending upon the nature of the crime committed. The penalties issued can vary from small fines to life imprisonment. In severe criminal cases, it can even extend to greater punishments. The help of drug crime lawyers in Cobb County can be exercised who can contradict the evidence and help you in such a situation.

There is a wide spectrum of punishments for violating the terms of Drug law. It can take several years in the execution of court hearings and a further plea to drug crimes cases. The drug crime attorney will be the best one to rely upon.  The following can be the types of punishment which a defendant can receive:

• Monetary fines

• Prison time

• Mandatory treatment

• Forfeiture of accused’s property

It depends on the degree of crime executed by you and determination of punishments depending on the following factors:

Harmfulness of drugs:  harmful drugs such as cocaine and heroin subjects to stiffer penalties in the Drug Law. In spite of your criminal defense attorney working hard to prove you innocent can fail in this situation.

Quantity of drug in possession:  Drug Law states that greater the quantity of drug possessed, greater the punishment.

Defendant’s criminal history: The seriousness and the length of the crime executed by the defendant in the past helps in the determination of the nature of your punishment.

The hiring of a well-experienced crime defense attorney will be able to advise you better regarding the facts and procedures to be executed.