Drug Schedules & Penalties in Long Beach
The experienced Long Beach criminal attorneys at The Law Firm of Joseph H. Low IV aggressively represent the rights of clients who have been accused of serious drug related offenses. We have knowledge of all relevant State and Federal drug laws, which can be used to defend juvenile and adult clients who are in need of legal representation. If you have been charged with possessing illegal narcotics, or any other drug related crime contact us today for a free case evaluation.
In the United States, all drug related crimes are aggressively prosecuted and harshly punished. In an attempt to keep drug penalties consistent with the crime, law enforcement uses a "drug schedule." The drug schedule is a widely used format that divides drugs into five categories, based on type of drug, the amount of the substance, and other factors.
Listed below is a brief description of the drug schedules.
These substances have a high potential for abuse, do not have a medical use, and are dangerous even with a medical professional supervising the usage. Schedule 1 substances include LSD, Heroin, Mescaline, Psilocybin, Cocaine, and Mescaline.
These substances place users at an increased potential for abuse, may cause physical or psychological dependency, and are allowed to be taken for medical purposes (although restrictions do apply). It is illegal to buy, sell, or possess any drugs that are listed under Schedule 2 without a prescription. Schedule 2 substances include Methamphetamines, Morphine, Codeine, Methadone, Opium, and Amphetamines.
These substances have a slight potential for abuse, as compared to the substances that are listed under Schedules 1 and 2, with a risk for low levels of physical or psychological dependence. Schedule 3 substances include Anabolic Steroids, Ketamine, Lysergic Acid, and Vinbarbital.
These substances have a small probability of abuse, as compared to the substances in Schedules 1, 2, and 3. All substances under Schedule 4 are accepted for medical use, and place users at a low risk for physical or psychological dependency. Schedule 4 substances include Diazepam (Valium), Phenobarbital, Clonazepam (Klonopin), and Sibutramine (Meridia).
These substances have a very low potential for abuse, as compared to other drugs categorized under Schedules 1 through 4. All of the substances are acceptable to be used for medical purposes and place the user at a very minimal risk for dependency.
Thousands of people are arrested each year in California for committing drug related offenses, many of which are non-violent. All drug violations are prosecuted to the fullest extent of the law, and are harshly punished.
Depending upon the amount of the drug in a person's possession, he or she may be faced with a lengthy prison term, an expensive monetary fine, and other severe consequences. In a situation in which the defendant has already had two or more similar convictions, they may face life imprisonment. As you can see, it is extremely important that you hire an accomplished drug offense attorney from The Law Firm of Joseph H. Low IV if you have been charged with any drug crime in California.The following are important laws regarding the penalties that are associated with convictions of various drug related violations:
U.S. Code Title 21 Chapter 13 Subchapter I Part D Section 841(a) states the following as prohibited acts:
Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally-
(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.
U.S. Code Title 21 Chapter 13 Subchapter I Part D Section 841(b) states that:
Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows:
a term of imprisonment which may not be less than 10 years or more than life and if death or serious bodily injury results from the use of such substance shall be not less than 20 years or more than life, a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $4,000,000 if the defendant is an individual or $10,000,000 if the defendant is other than an individual, or both.
The Controlled Substance Act, Title 21, Section 846 states that:
Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
The Controlled Substance Act, Title 21, Section 853 states that:
(a) Any person convicted of a violation of this subchapter or subchapter II of this chapter punishable by imprisonment for more than one year shall forfeit to the United States, irrespective of any provision of State law --
(1) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation;
(2) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation; and
(3) in the case of a person convicted of engaging in a continuing criminal enterprise in violation of section 848 of this title, the person shall forfeit, in addition to any property described in paragraph (1) or (2), any of his interest in, claims against, and property or contractual rights affording a source of control over, the continuing criminal enterprise.
The Controlled Substance Act, Title 21, Section 860 (a) states that:
Any person who violates section 841(a)(1) or section 856 of this title by distributing, possessing with intent to distribute, or manufacturing a controlled substance in or on, or within one thousand feet of, the real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, or a playground, or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility, is (except as provided in subsection (b) of this section) subject to (1) twice the maximum punishment authorized by section 841(b) of this title; and (2) at least twice any term of supervised release authorized by section 841(b) of this title for a first offense.
Contact a Long Beach Drug Offense Attorney Immediately!
With the representation of an accomplished Long Beach drug crime lawyer, you will have peace of mind knowing that every effort is being made to keep you out of jail. At The Law Firm of Joseph H. Low IV our lawyers are dedicated to providing all clients with superior legal services and advice. Contact us today for a FREE consultation regarding your drug crimes case with one of our aggressive California criminal defense attorneys.