The Law

The Comprehensive Drug Abuse Prevention and Control Act of 1970 categorized drugs by five “schedules,” according to their potential for abuse. Schedule I drugs are the most tightly controlled, with a high potential for abuse and no accepted medical use. Schedule V drugs, which are not tightly controlled, have legitimate medical uses and do not require a prescription from a doctor. Heroin and many other potent opiates and opioids are classified as Schedule I controlled substances.

So what is the penalty for possessing heroin? It must be understood that “possession” of a drug in a legal sense means having the drug in your control, not necessarily on your body or with your belongings. If the drug is in a room that you share with others, for example, the police may conclude that you are in possession.

Laws concerning illegal drugs are difficult to navigate. They vary depending on whether federal or state jurisdiction applies, and they vary from one state to the next. Drug laws are amended frequently. Federal and some state laws have guidelines for sentencing offenders, while others allow the prosecutor, judge, and other officials involved in the case to consider extenuating factors.

Depending on the offense, a drug crime can be considered a misdemeanor or a felony. A misdemeanor is a minor crime punishable by community service or a short jail sentence. A felony is a serious crime punishable by a harsh sentence. Possession of between one hundred grams and one kilo (about 3.5 to 35 ounces) of heroin carries a federal sentence of at least five years in prison. Possession of more than one kilogram carries a minimum ten-year sentence.

Certain factors are likely to increase penalties. Individuals can be prosecuted for “conspiracy” with a drug offender even if they did not commit a crime—for instance, letting the drug offender borrow a car could be interpreted as aiding a drug offense. Prosecutors may push for an “intent to distribute” conviction—punishable by a tougher sentence than possession—even if the offender claims a drug stash was for his or her own use. Adults get particularly stiff sentences for committing a drug offense within a school zone and for supplying minors with drugs. Repeat offenders receive harsher sentences than first-time offenders.