DRUG/CONTROLLED SUBSTANCE

In my 30 years of criminal law practice no type of offenses have seen a greater shift from punishment-oriented sentences to a rehabilitative-oriented sentences than drug possession crimes. This is a trend which I predict will continue and ultimately end with the legalization of marijuana and possibly some other drugs.

For first time offenders, that involve the possession of marijuana, controlled substances, dangerous drugs, and illegal substances most cases can be negotiated for a sentence which will either end in a conditional dismissal of a charge or with a deferred adjudication sentence, which, if successfully completed, will also end with a dismissal of the charge.

Programs, that did not exist even a couple of years ago, now can be utilized to obtain a dismissal on many drug-related possession offenses.

Drug offenses which include an element of either delivery or manufacturing are still punished severely and in almost all cases are felony offenses. The ranges of punishment for marijuana, dangerous drug and controlled substance offenses are determined by the amount of marijuana, dangerous drug or controlled substance either possessed or sold/manufactured.