Drug Crimes (Possession, Sales) of Marijuana, Cocaine, Heroine, Extacy, Oxycontin, Prescriptions, etc.

Drug offenses are very serious charges in New Hampshire.

Even simple possession of a small amount is usually a felony with possible prison time of 7 years. Marijuana being the exception which is a misdemeanor with up to 1 year in jail.

Besides being incarcerated for a lengthy time, and potentially paying a substantial fine, drug convictions can have other collateral offenses.Some of those penalties include:

• Losing your ability to drive by having your license suspended,
• Losing your ability to receive financial aid.
• Forfeiture, where the State takes your property, potentially including your car or home
• Consequences for obtaining employment with the military or law enforcement

Penalties for Possession include:

(a) In the case of a controlled drug or its analog, classified in schedules I, II, III or IV, other than those specifically covered in this section, the person shall be guilty of a class B felony, except that notwithstanding the provisions of RSA 651:2, IV(a), a fine of not more than $25,000 may be imposed. If any person commits such a violation after one or more prior offenses as defined in RSA 318-B:27, such person shall be guilty of a class A felony, except that notwithstanding the provisions of RSA 651:2, IV(a), a fine of up to $50,000 may be imposed;
(b) In the case of a controlled drug or its analog classified in schedule V, the person shall be sentenced to a maximum term of imprisonment of not more than 3 years, a fine of not more than $15,000, or both. If a person commits any such violation after one or more prior offenses as defined in RSA 318-B:27, such person shall be guilty of a class B felony, except that notwithstanding the provisions of RSA 651:2, IV(a), a fine of not more than $25,000 may be imposed;
(c) In the case of more than 5 grams of hashish, the person shall be guilty of a misdemeanor, except that notwithstanding the provisions of RSA 651:2, IV(a), a fine of not more than $5,000 may be imposed.
(d) In the case of marijuana, including any adulterants or dilutants, or 5 grams or less of hashish, the person shall be guilty of a class A misdemeanor.

Penalties for manufacturing, selling, prescribing, administering, or transporting or possesses with intent to sell, dispense can include imprisonment for up to 30 years and a fine of up to $500,000.

See N.H. RSA 318-B:26 for more detailed information.

Case Results

Client charged with possession and distributing cocaine and heroine.

Result: Distribution charge dismissed. Plea to possession resulted in probation that ran at same time as other out of State probation.

Client charged with Class A Misdemeanor for possession of marijuana.

Result: Charge amended to violation so that client will not have a criminal record.