Common Misdemeanor Drug Charges

Typically marijuana possession or cultivation is a misdemeanor if the amount of marijuana involved is less than 200 grams.

It is illegal to possess, sell, or manufacture (with the purpose to sell) drug paraphernalia. Drug paraphernalia is anything intended or designed to be used with controlled substances. Drug paraphernalia is a 4th degree misdemeanor if relating to a controlled substance. If the paraphernalia is related to marijuana, it’s a minor misdemeanor. A drug paraphernalia conviction also carries a possible driver license suspension.

It is illegal to make, obtain, or use anything that has the primary purpose of administering dangerous drugs. This is a second degree misdemeanor offense, which carries a maximum penalty of 90 days in jail and five years of probation.

It is illegal to possess controlled substances without a valid prescription. Controlled substances are categorized by the DEA in “schedules.” The schedules range from Schedule V to Schedule I. If the controlled substance involved is in Schedule III, Schedule IV, or Schedule V and is less than the bulk amount, the offense is a misdemeanor of the first degree. A misdemeanor of the first degree carries a maximum penalty of six months in jail, five years of probation, and a $1,000 dollar fine.

If the drug is Schedule I, Schedule II, or is over the bulk amount, possession becomes a felony offense.