Introduction to Possession of Controlled Substances
Possession of controlled substances in New Hampshire is strictly prohibited and can be met with substantial criminal charges, fines, and even jail time. Therefore, it’s important to understand the laws surrounding drug possession in this state prior to engaging in such activities. In this article, we’ll examine these statutes as well as assess their respective consequences for those who decide to disobey them.
Overview of Controlled Substances in NH
In New Hampshire, the possession and use of controlled substances are heavily regulated as mandated by federal laws. Drugs are sorted into five categories or schedules determined by their potential for abuse and medical application. Schedule I drugs have a high chance of being abused while having no medicinal purpose; conversely, Schedule V medicines possess low risk of misuse but can still be used to treat certain ailments.
Possession of Controlled Substances
Committing a drug possession offense in New Hampshire carries considerable consequences. The state recognizes two varieties of drug possession, including simple and with intent to distribute. When someone has only a small quantity for personal consumption, it is referred to as ‘simple’ possession; however, if you have or acquire more than that amount with the intent to sell or donate it away, it is considered ‘possession with intent to distribute’, which is far more serious.
Penalties for Simple Possession
Simple possession of a controlled substance in New Hampshire is considered a misdemeanor offense. The penalties for possession vary depending on the type of drug and the amount in possession.
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Possession of Schedule I or II drugs is punishable by up to a year in jail and a fine of up to $2,000.
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Possession of Schedule III, IV, or V drugs is punishable by up to 6 months in jail and a fine of up to $1,000.
Penalties for Possession with Intent to Distribute
New Hampshire takes a hard stance on drug possession and distribution, with punishments ranging from misdemeanors to felonies depending on the type of drugs involved and the quantity.
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Possession with intent to distribute Schedule I or II drugs is punishable by up to 20 years in prison and a fine of up to $300,000.
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Possession with intent to distribute Schedule III, IV, or V drugs is punishable by up to 7 years in prison and a fine of up to $100,000.
Defenses to Drug Possession Charges
Struggling with drug possession charges in New Hampshire? Don’t fret – there are several defenses you can use to help get the best outcome for your case. These include:
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Illegal search and seizure: If the police searched your property without a warrant or probable cause, any evidence obtained may be inadmissible in court.
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Lack of knowledge: If you were unaware that the substance in your possession was a controlled substance, you may be able to argue that you did not have the requisite knowledge to commit the offense.
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Prescription: If you had a valid prescription for the controlled substance, you may be able to argue that you were using the substance legally.
Conclusion:
If you are charged with drug possession in New Hampshire, the legal repercussions can be devastating. Depending on the type and amount of drugs found in your possession, criminal penalties may include hefty fines or even jail time. To ensure that your rights and defenses are fully protected during this difficult process, it is critical to seek qualified legal counsel immediately.
If you have been accused of drug possession in New Hampshire, it is essential to consult an attorney right away. The legal team at Boynton Waldron understands the criminal justice system and stands by your side throughout each step of your case. They provide knowledgeable counsel and exceptional defense strategies so that your rights are protected. Reach out today to arrange a consultation and start creating a formidable defense for yourself!
FAQs
What is a controlled substance?
A controlled substance is a drug that is regulated by law due to its potential for abuse and medical use.
What are the penalties for drug possession in New Hampshire?
The penalties for possession of controlled substances in New Hampshire vary depending on the type of drug and the amount in possession. Simple possession is a misdemeanor offense punishable by up to a year in jail and a fine of up to $2,000, while possession with intent to distribute is a felony offense that can result in up to 20 years in prison and a fine of up to $300,000 for Schedule I or II drugs.
Can I face drug possession charges for having marijuana in New Hampshire?
Yes, possession of controlled substances like marijuana is illegal in New Hampshire, and possession of even a small amount can result in criminal charges and penalties.
What should I do if I am facing drug possession charges in New Hampshire?
If you are facing drug possession charges like possession of controlled substances in New Hampshire, it is essential to seek legal counsel as soon as possible. A qualified attorney can help you understand your rights, defenses, and legal options.
Can I get a drug possession charge expunged from my record in New Hampshire?
In New Hampshire, it is possible to have certain criminal records expunged like possession of controlled substances or annulled under certain circumstances. However, expungement is not automatic, and the process can be complicated. It is advisable to seek legal counsel if you are interested in having a drug possession charge expunged from your record.
