Simple possession of a controlled substance is a serious federal offense under Title 21 U.S. Code § 844. This law makes it illegal for any person to knowingly or intentionally possess a controlled substance unless obtained through a valid prescription or otherwise authorized by law. Federal prosecutors in California often charge individuals with simple possession when drugs are found for personal use, whether on their person, in their vehicle, or in a location they control.

Penalties for Simple Possession

For a first-time conviction, the penalties can include up to one year in federal prison and a minimum fine of $1,000. The consequences become more severe with each subsequent offense:

• Second conviction: 15 days to 2 years in prison and a minimum fine of $2,500.
• Third or subsequent convictions: 90 days to 3 years in prison and a minimum fine of $5,000.

The law also requires that those convicted pay the reasonable costs of investigation and prosecution unless the court determines the defendant cannot pay. Special sentencing provisions apply for certain substances, such as flunitrazepam, and offenses involving specific aggravating factors.

How Simple Possession Is Charged

Federal prosecutors do not need to prove a large quantity of drugs; any measurable or detectable amount can result in charges. The key element is knowing or intentional possession without legal authorization. Even if the drugs are not physically on your person, you can be charged if they are found in a place you control, such as your car or home.

How the Sigal Law Group Can Help

Federal penalties for drug possession are often harsher than state penalties, and a conviction can have long-lasting consequences on your freedom, finances, and future opportunities. If you or a loved one is facing federal charges for simple possession, it is critical to consult an experienced defense attorney as soon as possible.

Don't face federal drug charges alone. Contact Sigal Law Group today for a free consultation. Our experienced attorneys will fight to protect your rights and help you achieve the best possible outcome.