can someone hopefully a lawyer please explain this?

Question

Can someone explain what "unlawful trafficking in scheduled drugs, and unlawful possession of unscheduled drugs" means? The drug this person was caught with was cocaine, 100 grams, so why would one be a scheduled drug and one unscheduled? This crime was commited in Maine so it falls under their laws, but if anyone has an estimated sentence i would love to here it. Despite the fact that this person was caught about 2 years ago with 8 bags of heroine, i belive that they only got probation so i think this will be considered a first offence.

Answer 1

Scheduled drugs refer to those listed as illegal. You're probably referring to the federal list, which is divided into "schedules" or sub-lists.

Unscheduled drugs would be defined in the appropriate criminal statute. It may refer only to drugs that are not on the list, or to any drugs whether they are on the list or not.

The other terms "trafficking" and "possession" would also be defined within the appropriate statute. Trafficking generally refers to distribution or sale (dealing), versus possession which sometimes implies personal use.

There's also the difference between "possession with intent to distribute" where they can show the defendant planned on distributing later, but has not yet, and "trafficking" (or "distribution") which is the actual transfer/sale to others.

Again, each of these is based on the relevant statute, which could be state or federal depending upon which court they are being charged in. Check your local listings.

Answer 2

The difference between the two is that the unscheduled drug
is illegal. The trafficking of scheduled drugs means that person
was selling someone else's prescription drugs. Anytime you are busted it is an offense. So this would be another offense.

Answer 3

I don't know about the charges but the earlier heroin bust will still be on his record unless it was expunged from his record. That would make this a second offense.