What Is The Difference Between Drug Possession And Trafficking?

Drug possession or trafficking in Indianapolis is illegal. Drugs in this context refer to any psychoactive and even non-psychoactive substance in the established eight schedules of drugs that the government seeks to control. For example, marijuana, ecstasy, OxyContin, heroin, codeine, and so on are examples of control drugs. If you are charged with a drug offense, it can have serious consequences. As such, it’s important to understand the distinction between drug possession and trafficking. In this article, we’ll elaborate more about the differences between drug possession and trafficking.

What is Drug Possession and Trafficking?

Drug possession is the act of having one or more controlled substances in your possession without legal authorization. This is an offense that involves an individual who has this controlled substance in their possession, whether in their person, in their vehicle, or within their property.

Drug trafficking, on the other hand, involves the distribution, sales, transportation, or importation of controlled substances. If you are ever faced with a drug offense cause in Indianapolis, it's in your best interest to contact our Indianapolis drug possession lawyer to help you understand your case, walk you through the legal process, and defend your rights in court.

Basic Differences Between Drug Possession and Trafficking

There are three main differences between drug possession and trafficking: intent, quantity, and legal consequences. When you have in your possession controlled drugs but with the intent to use them for personal or recreational activities, the case can be classified as drug possession. In such a case, the court will even provide such individuals with resources to help deal with drug addiction. However, when an individual possesses illegal drugs with the intent to distribute them, the case is classified as drug trafficking.

Also, in a drug possession case, the quantity of drugs in question is always in small quantity. Whereas, in drug trafficking cases, because the intent is to sell or distribute, the quantity is often larger. However, it is possible to get charged with drug trafficking even with a small quantity of drugs. In general, drug trafficking is deemed a more serious offense than drug possession and carries a more severe penalty.

Misdemeanour or Felony?

The Control Substances Act (CSA) establishes drug crimes in the US. As such, if you’re caught with controlled drugs, you will likely be charged with possession of illegal drugs depending on the schedule and quantity of the drug you have in your possession, as well as your criminal record and personal circumstances. But often, the charges are less serious, often a misdemeanor, and carry a maximum penalty of six months in jail and a $5000 fine.

However, if you are caught engaging in or intent to engage in drug trafficking, you may be charged with a felony, depending on the schedule of the drug and quantity. Persecutor relies on circumstance evidence to infer your intention to traffic drugs such as packaging, purity, value, location, equipment, and so on. Generally, drug crimes are prosecuted as state crimes and are categorized into different groups called the penalty group based on the type of drug and quantity. These groups include:

Group 1: Narcotics with no medical purpose, like opioids and opium derivatives
Group 1A: LSD, as well as any of its isomers, salts, and salts of isomers
Group 2: Hallucinogenic substances like Ecstasy and PCP
Group 2A: Chemical compounds that mimic cannabinoids
Group 3: Other opioids and opiates not listed in Group 1, like benzodiazepines, anabolic steroids
Ground 4: Other opioids and opiates not listed in Group 1 and a range of prescription medications and various chemical compounds

Judges preceding the case use these penalty groups and schedules as guides for penalty purposes. If you are convicted, sentencing will be determined by the penalty group, the amount of drugs in question, the presence of minors, and an array of other factors like family and community support.