DRUG DELIVERY

Drug Delivery is simply delivery of a controlled substance from one person to another. As long as there is some type of transaction regardless if money is exchanged or not a drug delivery has taken place. A drug delivery is always graded as a Felony. Penalties will depend on the type of drug, the weight or amount of the drug, and the person's prior criminal convictions.

POSSESSION WITH INTENT TO DELIVER A CONTROLLED SUBSTANCE

Possession With Intent to Deliver a Controlled Substance is when a person possesses a controlled substance or drug and it's that person's intent to deliver that controlled substance to another or to exchange it for money. There does not have to be an exchange or sale of drugs for this crime to occur. It is enough that the person is in possession of the drugs and that the evidence indicates that the person intends to exchange or sell the controlled substance. The charge of Possession With Intent to Deliver a Controlled Substance is always graded as a Felony. The penalty will depend on the type of drug, the weight or amount of the drug and the person's prior criminal convictions.

POSSESSION OF A CONTROLLED SUBSTANCE

If a person is knowingly in possession of a controlled substance or drug, he is guilty of the charge of Possession. Possession of a Controlled Substance, as long as it is not possessed with the intent to sell or deliver, is always graded as a Misdemeanor.

DRUG PARAPHERNALIA

If a person is in possession of paraphernalia commonly used to assist in the use or consumption of drugs, such as a pipe, needle, baggies, scale, cigarette rolling papers, etc., the person may be found guilty of possession with the intent to use drug paraphernalia. This charge is always graded as a Misdemeanor.

CRIMINAL USE OF A COMMUNICATIONS FACILITY

Criminal Use of a Communications facility is when a person uses a communications facility such as a telephone or computer to commit or facilitate a Felony. This charge is graded as a Felony. An example would be when a person uses a telephone to set up an exchange of a controlled substance.