Massachusetts has criminal penalties for the use of controlled substances or drugs, with penalties varying depending on the type of drug. In general, the use of narcotic drugs and addictive substances, as well as drugs with high abuse potential, is punishable by harsher penalties. The federal legislature passed mandatory minimum penal guidelines for drug offences in 1986 to target high-level traffickers, although they also affect lower-level drug defendants. Most states have taken a similar approach to condemning drugs. These fixed sentences are based on the type of drug, the weight of the drug and the number of previous convictions. B. Forfeiture of Personal and Immovable Property 21 U.S.C. 853 Every person convicted of a federal drug offence punishable by imprisonment for more than one year shall confiscate for the benefit of the United States of America all personal or real property related to the offence, including houses, cars and other personal property. A seizure order is issued and property is forfeited when a person is arrested on charges that may result in forfeiture. Many states have set up so-called drug courts, programs for drug accused supervised by a judge that aim to rehabilitate the accused (often a repeat offender) rather than taking the case to court. Judges exercise considerable control over the work of drug treatment courts.
A drug accused who accepts drug treatment court spends about 12 to 15 months attending treatment sessions and undergoing random drug testing while appearing regularly before the drug judge. Those who fail to appear in court or fail drug tests are arrested and often sentenced to short prison terms. Those convicted of drug possession face a wide range of penalties when convicted, varying from state to state. Penalties for simple possession range from a fine of less than $100 and/or a few days in jail to thousands of dollars and several years in state prison for the same offense. Simple penalties for drug possession tend to be the lightest, while intent to distribute drugs or to cultivate or produce drugs will result in much harsher penalties. Prosecutors sometimes offer pleas to accused persons that can assist them in a higher priority investigation, which could lead to the arrest of an organized crime leader. In addition to the disciplinary sanctions imposed by the university, all students, faculty and staff should be aware that federal, state, and local laws treat the illegal use, possession, sale, distribution, or manufacture of drugs or alcohol as a serious crime. A conviction can result in imprisonment, fines and community service. The courts do not overturn prison sentences to allow convicted persons to attend university or continue their work. Crimes and certain other convictions may prevent you from entering many fields of employment or professions and may need to be on applications for employment or admission to graduate or vocational schools.
Drug possession convictions have been tested in recent years due to the high number of offenders sent to prison and the growth of the prison population. For this reason, some States have established alternative courts to deal with defendants accused of drug-related offences. Drug treatment courts focus on the defendant`s rehabilitation rather than incarceration and generally require the defendant to participate in one-year drug rehabilitation programs as well as random drug testing. Current statistics on the effectiveness of drug treatment courts are very promising. According to the National Association of Drug Court Professionals, nearly three-quarters of drug treatment court graduates remain without prison for at least two years after the drug treatment court closes, with most remaining without prison much longer. By comparison, the Justice Department reports that nearly two-thirds of people incarcerated for drug-related offenses are rearrested within three years of being released from prison. Either way, a drug possession charge in Texas can have a negative impact on your life. If convicted, you could face jail time, fines and a criminal record.
Drug possession is criminalized under state and federal laws and is generally divided into two categories: simple possession and possession with intent to distribute. While simple possession is often an offence, possession with the intent to distribute it will generally result in much harsher penalties. Laws often distinguish between the two based on the amount of drugs a person was in possession at the time of arrest, as large quantities of a drug indicate that the person intends to share or sell it to others.