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Amphetamines are on the Schedule II and IIN list of Controlled Substances. This means that the Drug Enforcement Administration (DEA) considers amphetamines to "have a high potential for abuse which may lead to severe psychological or physical dependence."
Schedule II narcotics include methadone, oxycodone, and morphine. Schedule IIN drugs include amphetamines such as Adderall, methylphenidates such as Ritalin, and methamphetamines.
Even if you have a prescription for amphetamines, strict laws govern its use, distribution, and possession. In addition, laws vary between federal and state authorities. Refer to the website of your state's government for particulars for your state.
What are the Federal Penalties for Amphetamine Possession?
Though amphetamines are legal with a prescription, it is illegal to distribute, possess, or manufacture them if you do not have a prescription. It is also illegal to distribute your prescribed amphetamines, such as Adderall, to anyone else. This is true whether you sell the drug or give it away.
Federal law levies a variety of penalties against anyone convicted of the illegal manufacture, distribution, or possession of amphetamines. Aggravating factors include the amount of the substance involved, and whether anyone died as a result.
For a conviction involving 5 grams of amphetamines, the minimum prison sentence is five years, with a maximum sentence of 40 years in federal prison. In addition, you face fines up to $5 million. The minimum sentence jumps up to 20 years in the event a death occurred in connection with the manufacture, possession, or distribution of the drug.
If convicted of a repeat offense, add 10 years to the minimum prison sentence. The maximum fines increase to $10 million.
What are the State Penalties for Amphetamine Possession?
The federal government gives states the ability to set their own laws, so long as they meet the minimum requirements as set forth by the federal government. For that reason, you must verify the laws in your own state. To demonstrate the variances, we offer the penalties for amphetamine possession in three different states.
Conviction of Amphetamine Possession in Alabama
Alabama places amphetamines on its Schedule III drugs list, indicating that the state considers amphetamines to be less dangerous than the federal government does.
The state classifies amphetamine possession as a Class C felony. The minimum prison sentence is one year, with a maximum sentence of 10 years. In addition, you face fines up to $15,000.
Penalties increase for second, third, and fourth convictions. If this is your second conviction, sentencing follows Class B felony guidelines. This includes stiffer prison sentences, ranging between two and 20 years, and fines up to $30,000.
Future convictions carry a minimum sentence of 20 years, with a maximum life sentence.
Conviction of Amphetamine Possession in Arizona
Arizona classifies amphetamine possession as a "dangerous drug" and prosecutes it as a Class 4 felony. Penalties vary depending on aggravating and mitigating factors, such as whether it's a first offense. In addition, Arizona bases sentences on "threshold" amounts. These vary by drug, but typically this means any amount in excess of what would be intended for personal use.
If this is your first possession conviction for an amount deemed "personal use," you face probation plus up to 1 year in jail OR a sentence between 1 and 3.75 years. If you have prior convictions, you face up to 7.5 years in prison. Two or more convictions carry a maximum sentence of 15 years.
A probation sentence typically includes attending a drug or alcohol treatment program. Successful completion results in the court dropping the charges against you.
Conviction of Amphetamine Possession in Florida
Florida prosecutes and sentences amphetamine possession charges based on the amount of the drug you are charged with possessing. The charge is "trafficking in amphetamine."
- Possession between 14 and 28 grams: Mandatory minimum sentence of 3 years and fines of $50,000
- Possession between 28 and 200 grams: Mandatory minimum sentence of 7 years and fines of $100,000
- Possession over 200 grams: Mandatory minimum sentence of 15 years and fines of $250,000
If you are charged with possessing over 400 grams, the crime is termed "capital manufacture or importation."
Schedule a Free Consultation
If you face amphetamine possession charges, schedule a free consultation with a criminal defense attorney, preferably one with experience fighting drug charges. Bring all relevant materials to your consultation to ensure the attorney has the necessary information to discuss your case. He or she will advise on the laws in your state and offer advice on how to proceed with your case.