When you are found to be in unlawful possession of a drug, you can face a variety of charges depending on the circumstances. For example, possession of Xanax is a felony in some cases, though you could also receive a misdemeanor.
You may have a perfectly reasonable explanation for why you had the Xanax to begin with, but that is not always enough to refute these charges. A lawyer from our team could defend your rights and argue your case after a drug arrest.
Drug Possession Penalties Depend on Several Circumstances
The possible punishment for drug possession can vary based on several factors. For example, the Schedule category for a drug can determine the charges you may face for possession. Controlled substances are scheduled into five groups based on their potential for addiction.
According to the U.S. Drug Enforcement Administration (DEA), Xanax is a Schedule IV controlled substance, which means it has a low risk of abuse or dependence. That would put it on the less severe side of the scale. Xanax is a brand name for the drug alprazolam. According to MedlinePlus, the drug is used to treat anxiety disorders, insomnia, and other health conditions.
Other factors that will determine whether possession of Xanax is considered a felony include:
- How much was in your possession at the time of the arrest
- Your intended use of the drug
- Your personal criminal history
Amount of Xanax in Your Possession
The amount of a drug you have in your possession makes a big difference in the severity of your crime. If you are found with just one pill, that is likely a misdemeanor. However, if you are in possession of large quantities or a quantity that is more than you have been prescribed, you could face a felony.
Intent to Sell
Another factor that will play a role in your charges and penalties will be your intention. If law enforcement believes that you had plans to sell or otherwise distribute the drugs, this will most likely result in felony charges.
Possession does not necessarily mean the use of a drug. You can get into legal trouble if a drug is found in your car, for example, even if you were not using it at the time. If you were found in illegal possession of Xanax without a prescription for it yourself, that would be another determining factor. Possession of the drug when it was not intended for you is a crime.
Previous History of Drug Charges
A criminal history will also make a difference in determining whether you face felony or misdemeanor drug possession charges. First-time offenders are likely to face less severe charges than someone on their second or third arrest.
A Drug Arrest Can Affect Your Future
Possession of Xanax could be a felony. The circumstances surrounding your possession and arrest will determine the severity of your charges and potential penalties.
If you are found in possession of a drug that you do not have a prescription for, such as Xanax, you can be arrested. This can cause major issues for you in the future. For example, the arrest could keep you from getting jobs or housing. A conviction could result in jail time and major fines, which can cause financial strain.
A defense attorney from our team could defend you after a drug arrest. A competent defense could save you from spending years in prison. Our team’s knowledge of drug laws in your area can be crucial to reducing your charges and potential punishment in your case.
If you’re interested in hiring legal counsel to build a defense against your drug charges, our team is here to help.
Call to Speak With a Member of Our Team Today
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Contact McKenzie Law Firm, P.C. today for a free consultation about your case. Call (610) 991-7219 now to speak with a member of our team.
