How Long Do You Stay in Jail for Possession of a Controlled Substance


Possession of a controlled substance is a crime – and it’s one that could put you behind bars.

But how long do you stay in jail for possession of a controlled substance, and do first-time offenders go to jail?

If you’re charged with possession, your best bet is to get in touch with a drug crime defense attorney who can answer your questions and defend you in court.

Here’s what you need to know.

How Long Do You Stay in Jail for Possession of a Controlled Substance?

Possession of a controlled substance, such as marijuana, cocaine or heroin, can be a misdemeanor or a felony. The severity of the crime – and the severity of the sentence – depends on the type of drug and how much you had on you when police caught you. For example, possession of a small amount of marijuana is a misdemeanor, while possession of cocaine is a felony. You could spend less than a year in jail, or you could spend several years in prison. If you want to know exactly what you’re facing, call 847-920-4540 right now. We’ll explain the sentencing possibilities to you.

Do First-Time Drug Offenders Go to JailDo First-Time Drug Offenders Go to Jail?

There’s no way to predict how a judge will rule, and that’s true whether you’re a first-time drug offender or you’ve had several convictions in your past.

There are instances in which a judge orders a special type of probation for first-time offenders – it’s commonly called 410 probation. If the court finds you guilty of possession of a controlled substance, the judge can order you to complete 24 months of probation and hold off on further proceedings. If you’re on that type of probation, you:

  • Can’t break another law
  • Can’t possess a firearm or other dangerous weapon
  • Must submit to periodic drug testing (at least three times during your probation)
  • Perform at least 30 hours of community service

The court can order you to meet other conditions, too.

Remember, though, not everyone is eligible for this type of probation – and even if you are, there’s no guarantee the judge will think you deserve it. Your best bet is to call a Chicago drug charge lawyer who can answer your questions and build a defense strategy that gets you the best possible outcome.

Do You Need to Talk to an Attorney About Drug Charges?

If you’ve been caught with a controlled substance, we may be able to help you. Call us right away at 847-920-4540 or get in touch with us online for a free case review. We’ll answer your questions and start developing your defense strategy right away.