when someone is convicted of drug possession is that a felony?
139534
Depends on many things, especially on the state law covering the possession.\n\nOften, the amounts (grams versus pounds versus kilos versus truckloads versus cargo ships) make the difference.\n\nDistribution makes a difference....to include otherwise small amounts given to minors.\n\nType of drug matters; in parts of California, it's getting almost impossible to get someone convicted of felony marijuana crimes.\n\nThere are too many unknowns in your question to be able to definitively answer it.
1183353
The laws are same as most other countries. If someone is caught with upto 2 gms of narcotic substance then he(or she) may face smaller sentence (usually 1 year). If someone is caught is more than 2 gms or several packets then he is considered as a dealer or seller and can be punished with harsher jail sentence (more than 3 years). Also, if the police finds evidence of someone funding purchase of narcotics then such people are also treated as sellers of narcotic.\n\nHowever, there are some forms of intoxication (that are as good as narcotics) like - Ganja (I am not sure what it is called in English) - that are in use for many centuries and no one is caught for smoking it.
1067734
My husband is a deputy sheriff in a Florida county and this is what he said:  The person who is in possession of the drugs will be the one arrested.  However if the person that has possession of the drugs denies it being his and if "you" are the registered owner of the vehicle then both of you will be arrested.  At that point it would be up to the courts to sort out.  He says it happens quite a bit.  Usually one cops to it after they are both arrested.  He said that police aren't inclined to believe either one.  So if no one admits..They both go!
337090
They are coming down hard in the War on Drugs. I would have to say it is a Fifth Degree Possession charge. Since they are a first time offender the punishment shouldn't be that stiff. Even an empty baggy with traces of an illegal drug is considered a small amount. Residue on a scale is also considered a small amount. My buddy had just gotten out of jail after 4 months and didn't realize there was a leftover empty baggy in her purse from months before. She got pulled over on a routine traffic stop. Since she was on probation that gave them a right to search. They found the empty baggy with traces on it. I write to her in prison now.
820458
It depends upon the misdemeanor and the felony.
152945
Possession of a controlled dangerous substance(Poss. of Drugs).My husband works for a jail
670145
depends on the crimes. misdemeanor or felony. even though the "system" says misdemeanors are dropped after a time period, they still stay on record. my DUI in the 70's is still on record. felonys are like diamonds, they are forever and now a-days almost anyone can access that info.
140938
unfortunatly, even small amounts of cocaine in ohio is a felony, the amount you posses however determines what felony you are charged with(felony 1,2,3 Etc...) the amount that you were charged with is a felony 4 punishable by 1-3 years prison time. get a good lawyer cause youre gonna need one
687093
If you have a felony conviction you automatically lose your medical license in most states. You also cannot apply for a medical license with a felony conviction on your record.\n\nIn many states, the nature of the misdemeanor will determine whether you can get a medical license. For example, if you have a misdemeanor conviction for illegal trafficking of prescription drugs you probably won't be able to get a license. On the other hand, a misdemeanor conviction for smoking in a public place probably wouldn't cause a problem.\n\nMedical licensing boards vary from state to state, so if you have a specific circumstance, you should probably contact the licensing board in your home state.
567467
A felony is any crime (including Domestic assault) that holds an actual or "potential" sentence upon conviction of a year, or more, in jail.
1082645
If all you were busted for is simple possession, the sentence will be rehab. Under CA proposition 36, people who are arrested for possession of a controlled substance for the FIRST TIME get rehab. Prop. 36 does not apply to possession for sales quantities, however.
624042
No idea.  But most run of the mill drug offenses can be prosecuted federally--esp with manufactured drugs like LSD--something crossed state lines somewhere.  So you need to check federal, state and municipal laws.  Manufacture and sale are two separate crimes, as well.  Prison time/fine is going to vary based on the amount involved.  If it's a lot, the individual might also have committed a distribution offense.
1099329
In the United States, a convicted felon may not buy or possess a firearm. A felon also forfeits the right to vote. This is true in all states and true of all felonies. A pardon from the governor of the state or the President of the United States would overrule the felony conviction and therefore overrule any rights forfeited.
487994
You *could* be convicted of and punished for the felony possession for sales, but based on what you've said here, and depending on what county you're in (I'm guessing southern California), and your past criminal history, I'll really be surprised if you end up with a felony.  \n\nFrankly, if you've even been charged by the DA's office with a felony violation of 11359 of the Health and Safety Code, I'd be surprised.  I realize that may be what you were arrested and booked for, but ultimately it's the DA's office who decides what you're charged with and tried for.\n\nSo, while a previous poster has correctly indicated that you could get 2 - 4 years in prison under the law, I think it's highly unlikely that's what will happen (assuming you've told us all there is to know about this situation).
1022224
Yeah, unless you're a minor! I think it's still a felony but you go to kiddy court!\n\nhttp://www.total-knowledge.com/~willyblues/
493546
well if he is supposed to go to court and doesn't show then he will have a felony drug charge warrant as well as a felony fleeing warrant and there is no escaping that. they will be in the system until he is caught.
987746
Yes, but you need to go to the court system that the felony is recorded under and plead your case as to why it should be expunged. It is very difficult to do and most people that try, fail.