Drug Possession
Drug possession refers to having in your control a controlled or illegal substance, such as cocaine, marijuana, heroin, etc. Possession can be of two types:
Simple possession: This occurs when you have a small amount of drugs usually intended for personal use. The laws regulating the amount allowed to be considered personal use vary by country, but normally involve small amounts. Legal consequences may include fines, rehabilitation treatments, or shorter prison terms, depending on the jurisdiction and the type of drug.
Possession with intent to traffic: In this case, even if you are only found with drugs, the amount or circumstances may lead authorities to infer that the intention is not personal consumption, but distribution or sale. Indicators that may influence this include:
Large quantities of drugs.
Scales, bags, cash, or packaging materials found.
Messages or communications implying drug transactions.
Drug Trafficking
Drug trafficking involves a more serious activity because it refers to the act of manufacturing, distributing, selling, or transporting illegal drugs. This crime is punished more severely than simple possession, as it implies that the person is facilitating or participating in a network of illicit substance distribution.
Acts that may be considered trafficking include:
Sale or distribution of drugs, whether on a small or large scale.
Transporting or moving drugs from one place to another, even if you are not the owner.
Manufacturing drugs, including the production or processing of illegal substances.
Importing or exporting drugs.
Trafficking is punished with harsher penalties than possession, and these penalties may increase depending on the quantity of drugs involved, the nature of the substance, and whether the person is linked to a criminal organization.
Key Differences:
Quantity: Simple possession generally involves small amounts for personal use, while trafficking involves larger amounts—or even small amounts if there is evidence they are intended for sale.
Intention: In simple possession, the drug is intended for personal use. In trafficking, the intention is to sell, distribute, or transport drugs.
Legal consequences: Simple possession may result in lighter punishments (fines, treatment), while trafficking may lead to long prison sentences and harsher fines.
In summary, drug possession refers to having drugs in your control, while trafficking involves selling, distributing, or transporting drugs, and is legally much more serious.
If you have doubts or fall under such circumstances, do not hesitate to contact Lic. Jorge Fernández for legal advice in criminal matters.
In Mexico, penalties for simple drug possession
They are regulated under the Federal Penal Code, but it is important to also consider the General Health Law. Sanctions depend on the type of drug, the quantity found, and the circumstances of its discovery.
1. Possession for personal use (Minimum tolerated dose)
According to the General Health Law, there is a table that sets maximum allowed amounts of various drugs for it to be considered personal use. If the amounts do not exceed these limits, it is not considered a crime but an administrative infraction:
Marijuana: up to 5 grams.
Cocaine: up to 500 milligrams (0.5 grams).
Heroin: up to 50 milligrams.
LSD: up to 0.015 milligrams.
Methamphetamines: up to 40 milligrams.
MDMA (ecstasy): up to 40 milligrams.
If you are found in possession of an equal or lesser amount, you cannot be criminally charged. However, the police may refer you to a treatment program if they consider you dependent, but there are no criminal penalties.
2. Simple possession above the minimum tolerated dose
If you have an amount greater than allowed for personal use, but not enough to be considered trafficking or distribution, it is classified as simple possession. Penalties are regulated by Article 477 of the General Health Law and are related to the Federal Penal Code.
Penalty for simple possession: 10 months to 3 years in prison and a fine of 80 to 300 days of minimum wage.
In many cases, if it is a first offense or the amount is not excessive, prison sentences may be commuted to community service or rehabilitation treatment.
3. Possession with intent to trade or supply
If authorities determine that possession is related to sale, distribution, or supply to others (trafficking), penalties are much harsher. In this case, the offense is classified as drug trafficking, and penalties may increase significantly:
Penalty for drug trafficking: 4 to 15 years in prison and higher fines.
Aggravating factors:
If possession or trafficking occurs near schools, educational centers, or places frequented by minors, penalties increase.
The quantity of drugs also affects severity. If certain thresholds are exceeded, possession may be presumed as trafficking, even if the person was not directly involved in sales.
Alternatives to Avoid Prison
In some cases, those accused of simple possession, especially if they have no prior criminal record, may be eligible for alternative measures such as:
Rehabilitation treatments.
Fines.
Community service instead of prison time.
Summary:
If you possess less than the minimum dose, it is not a crime but an administrative infraction.
If you have more than the minimum but not for trafficking, penalties may be 10 months to 3 years in prison.
If possession is linked to sale or distribution, penalties increase significantly.
Always seek legal advice, as individual circumstances can greatly affect the outcome of your case. If you have doubts or fall into any of these situations, do not hesitate to contact Lic. Jorge Fernández for legal advice in criminal matters.
