6.607 — POSSESSION OF A CONTROLLED SUBSTANCE (SCHEDULE I & SCHEDULE II)

Violations of "Statute 6.607" results in a Class E Felony

(a) Definitions

Possession of a controlled substance classified under Schedule I and Schedule II refers to the unlawful possession of substances that are recognized as having a high potential for abuse and no currently accepted medical use or limited medical use under strict regulation. Schedule I substances are considered to have the highest potential for abuse and no accepted medical use, making their possession illegal under almost all circumstances. Schedule II substances, while still having a high potential for abuse, have accepted medical uses, albeit with strict restrictions on their distribution and use. Examples of Schedule I substances include heroin, LSD, and ecstasy, while Schedule II substances include cocaine, methamphetamine, and prescription painkillers like oxycodone and morphine.

(b) Elements

To establish the offense of possession of a controlled substance under Schedule I or Schedule II, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant knowingly and intentionally possessed a substance that is classified as Schedule I or Schedule II under applicable drug laws.
The defendant’s possession of the controlled substance was unlawful, meaning they had no legal authorization, such as a prescription or medical exception, to possess the substance.
The defendant had either actual possession (the substance was on their person) or constructive possession (the defendant had control over the substance, even if it was not directly on them, such as in a vehicle or residence under their control).

(c) Defenses

Defenses against a charge of possession of a controlled substance in Schedule I or Schedule II may include:

The defendant was unaware that the substance they possessed was a controlled substance.
The defendant did not possess the controlled substance, either directly or constructively, and had no knowledge or control over it.
The defendant had a valid prescription for the substance, issued by a licensed medical professional, and their possession was lawful.
The evidence of possession was obtained in violation of the defendant’s constitutional rights, such as through an illegal search or seizure.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The defendant has a history of prior drug offenses, which may lead to enhanced penalties.
The defendant possessed the controlled substance in a quantity that suggests intent to distribute or sell, as indicated by packaging, distribution tools, or the amount of substance.
The defendant was found in possession of the controlled substance in a location where vulnerable individuals, such as children, may have been exposed to the drug.
The defendant was in possession of a particularly dangerous or harmful quantity of the substance, such as large amounts of methamphetamine or fentanyl.

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(a) Definitions

(b) Elements

To establish the offense of possession of a controlled substance under Schedule I or Schedule II, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant knowingly and intentionally possessed a substance that is classified as Schedule I or Schedule II under applicable drug laws.

The defendant’s possession of the controlled substance was unlawful, meaning they had no legal authorization, such as a prescription or medical exception, to possess the substance.

The defendant had either actual possession (the substance was on their person) or constructive possession (the defendant had control over the substance, even if it was not directly on them, such as in a vehicle or residence under their control).

Defenses against a charge of possession of a controlled substance in Schedule I or Schedule II may include:

The defendant was unaware that the substance they possessed was a controlled substance.

The defendant did not possess the controlled substance, either directly or constructively, and had no knowledge or control over it.

The defendant had a valid prescription for the substance, issued by a licensed medical professional, and their possession was lawful.

The evidence of possession was obtained in violation of the defendant’s constitutional rights, such as through an illegal search or seizure.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The defendant has a history of prior drug offenses, which may lead to enhanced penalties.

The defendant possessed the controlled substance in a quantity that suggests intent to distribute or sell, as indicated by packaging, distribution tools, or the amount of substance.

The defendant was found in possession of the controlled substance in a location where vulnerable individuals, such as children, may have been exposed to the drug.

The defendant was in possession of a particularly dangerous or harmful quantity of the substance, such as large amounts of methamphetamine or fentanyl.