CPCS 5th is most commonly charged when a person knowingly and unlawfully possesses any controlled substance with the intent to sell it. Remember that “sell” has a very broad definition. It can also be charged in the following circumstances without any intent to sell:
- ½ ounce or more of a Narcotic Preparation (Includes Opium-extracts and some other drugs)
- 50 milligrams or more of Phencyclidine (PCP, Angel Dust)
- ¼ ounce or more of concentrated Cannabis
- 500 milligrams or more of Cocaine
- Over 1000 milligrams of Ketamine (Frequent “date rape” drug)
- 28 grams or more of a substance containing Gamma Hydroxybutyric Acid (like, but not the same as MDMA/Ecstasy)
CPCS 5th is a class D felony. Therefore, you face up to 2½ years in a state correctional facility with an additional 1 year of post-release supervision. Your prison term could involve CASAT or SHOCK. You could serve up to 1 year in local jail, or probation for up to 5 years. You may also be sentenced to take part in Judicial Diversion or another Drug Court program. Your driver’s license and registration may be suspended for 6 months. You may also be fined up to $5,000 or be ordered to pay restitution and other fees.