In this post, we will survey Maine’s laws on the possession and trafficking of “scheduled drugs,” and then discuss the...
Read More
By Appt. Only
19 Commercial StreetPortland, ME 04101
Main Office
119 Main StKennebunk, ME 04043
Call Now To Get Your Life Back
207-571-8146We Fight To Have Your Charges Dismissed
Maine Federal Drug Possession Attorneys
AVOID A
CRIMINAL RECORD
OUR RATES INCLUDE
TRIAL FEES*
OVER 115+
GOOGLE REVIEWS
OVER 165+
AVVO REVIEWS
Federal Drug Possession Lawyers in Maine
America is a great country. A country made up of different nationalities and ethnicities as well as 50 unique states. Therefore, regardless of where you live, there are two sets of laws that you must abide by state law, and the laws of the United States, also known as the federal government.
Unlike state laws, which only apply within the confines of the specific state, federal laws apply to everyone in the United States, equally. However, because the federal government has a lot more to take care of than each individual state, there are fewer federal laws, and they are more concerned with “big picture” problems. As a result, federal laws typically cover extremely serious, wide-ranging offenses, leaving state laws to deal with localized issues. Such federal laws have some pretty serious penalties, so facing federal charges is a serious situation. Oftentimes, a state charge that might carry a few months as a likely punishment, could result in a decade or more of hard prison time for the equivalent federal offense.
When it comes to sentencing and punishment recommendations, the federal government is often behind the times. One of the ways that they live in the past is when it comes to drugs. The federal government still thinks that drug possession is enough of a “big picture” problem to warrant having tough federal laws, with draconian sentences, to wage its “War on Drugs.” This results in small-time drug addicts and petty dealers getting massively disproportionate sentences.
Table of Contents
Controlled Substances Possession in Maine
Like the state of Maine, the federal government categorizes regulated drugs, which it calls “controlled substances,” into a list of “Schedules.” While Maine’s drug laws have four Schedules, federal drug laws have five:
Schedule I
Schedule I is for drugs that have a high potential for abuse, and no currently accepted medical use in the U.S. These include many types of opiates and their derivatives, as well as several hallucinogens. Included in Schedule I drugs are heroin, codeine, morphine, and marijuana.
Schedule II
Schedule II is composed of drugs that also have a high potential for abuse, which can lead to severe psychological or physical dependence on the drug. However, there are acceptable uses of the drug for medical treatment. Schedule II includes many types of opiates and methamphetamine.
Schedule II
Schedule III drugs have a moderate potential for abuse, which can lead to high psychological dependence, or moderate physical dependence, on the drug, but which also has accepted the medical value. Here, you’ll find stimulants, depressants, anabolic steroids, and narcotics.
Schedule IV
Schedule IV lists drugs that have low abuse potential, and abuse only leads to a limited dependence on the drug. These drugs also currently have a medically accepted use in the U.S. This includes drugs such as barbital, ethinamate, and paraldehyde.
Schedule V
Finally, Schedule V drugs have a very low potential for abuse, have a medically-sound use in the U.S., and abuse only leads to a limited dependence on the drug. This includes low amounts of several types of drugs, such as codeine or opium.
For a full listing of the drugs included in the federal drug Schedules, see this page.
According to federal drug laws, you can be charged for possessing a controlled substance if you know you are in possession of an illegal drug or intend to be in possession of an illegal drug. While this might seem somewhat straightforward, criminal defense lawyers, like William T. Bly, have argued all of the minute details involved in these laws until they’ve all come to light.
In the case of federal drug possession laws, the federal government must prove that you “knowingly or intentionally” possessed a controlled substance, in order to obtain a conviction. This is the law’s “culpable state of mind” requirement. To be convicted of federal drug possession charges, you need to have known that the drugs were illegal, and you that you had control over the drugs, and also intended to have control over the drugs.
Additionally, the act of “possessing” drugs has a lot of nuance to it, as well. Under federal drug possession laws, you “possess” drugs if you have actual or “constructive” control over the contraband. “Actual Control” is when you have a current, physical ability to manipulate the object. “Constructive control” is when you don’t have a current ability to manipulate the object, but could easily get it.
A good example of what it looks like to “knowingly” and “intentionally” “possess” drugs is if you pick up the wrong luggage at the baggage claim in an airport. Unbeknownst to you, there are several bags of heroin in the luggage. When you pick up the luggage, you still think that it’s yours, and so neither “knowingly” nor “intentionally” possesses drugs. However, you do “possess” them, because you have a current ability to reach into the luggage, and touch them. You still have “possession” of the drugs when you put the luggage in the trunk of a taxi – only now, it’s “constructive possession.” When you get home and find the drugs, you now “knowingly” possess them. However, you don’t “intentionally” possess them until you decide to keep them.
Bear in mind that federal drug possession charges can turn into drug trafficking charges, depending on the circumstances of the case.
Penalties for Drug Possession
Generally, a conviction for federal drug possession depends on the number of times you have been convicted for drug possession – whether under federal law or under state law – in the past as well as the quantity of the drugs you were charged with:
| Offense Number | Fine | Jail Time |
| First | Minimum $1,000 | Up to 1 year |
| Second | Minimum $2,500 | Between 15 days and 2 years |
| Third | Minimum $5,000 | Between 90 days and 3 years |
However, federal drug possession laws single out crack cocaine for heightened penalties. While this piece of the law has long been controversial, it still hasn’t been completely resolved. As a result, you could face between 5 and 20 years in federal prison, and a fine of at least $1,000, if:
- It’s your first conviction for federal drug possession, and you had more than 5 grams of crack cocaine,
- It’s your second conviction for federal drug possession for crack cocaine, and you had more than 3 grams of crack cocaine, or
- It’s your third conviction for federal drug possession for crack cocaine, and you had more than 1 gram of crack cocaine.
According to the Federal Sentencing Guidelines, federal drug possession charges come with a huge range of offense levels – and, therefore, a huge range of fines and jail time – depending on the drug possessed, and its amount.
Contact a Maine Federal Drug Possession Charges Lawyer
Federal drug possession charges are no small concern. They can be life-changing – even more so than state drug charges. Having a criminal defense attorney on your side can mean the difference between a life-altering conviction, and an acquittal that can let you return back to your normal life. Contact The Maine Criminal Defense Group today to schedule an appointment with one of our knowledgeable attorneys.
Blog Posts
An Overview of Drug Trafficking Offenses in Maine
When people hear the term “drug trafficking,” they tend to think of organized crime. Many Hollywood films feature stories of...
Read More
Top Notch Firm
I highly recommend The Maine Criminal Defense Group. All the staff are very polite, compassionate and informative. They answered all my questions and came to the best solution for my situation. I appreciate their guidance through this tough period. Many thanks to Nathan Hitchcock, Bill Bly and the team.
Oustanding
Mr. Bill Bly and his team have been nothing short of phenomenal. They resolved my case with breakneck expertise. Would have liked to thank them in person. I am so thankful and fortunate I chose their firm. Highly recommend Bill Bly and the Maine Criminal Defense Group.
Excellent Service
Bill Bly did an excellent job of listening and addressing our concerns. He answered all of our questions in a timely manner and got results. I highly recommend his services!!!
A TRULY EXCELLENT ATTORNEY
I have had the honor and privilege of working with Mr. Bly who was extremely knowledgeable and thorough and whose expertise in all legal matters was truly outstanding. Mr. Bly was kind, and helpful every step of the way. I would highly recommend Mr. Bly. There can be no attorney…
William is salt of the earth
I’ve gotten to know William through numerous legal conferences and have been incredibly impressed with how serious he cares about his clients and how he is a true human who wants to take care of your future. I will always refer my clients to his firm whenever I can.
A Great Firm!
This is THE premier criminal defense firm in Maine! If any family member or friend of mine needed representation in Maine, I would have them call the Maine Criminal Defense Group! Lawyer Bill Bly and his associates are awesome. Plus Bill Bly trained at Gerry Spence’s Trial Lawyers College. That…
David W.
Changed My Opinion on Lawyers I called Bill and had a consultation. He listened intently to my case and laid out our pathway. He was straight forward, real and didn't toss me a bunch of crap. I fully expected him to fluff up the case and try to convince me…
Robert H.
THANK YOU FOR THE EXCELLENT WORK DONE ON MY CLIENT'S BEHALF Thank you very much for the excellent work performed on behalf of my client on her Maine criminal case. I appreciate the attentive service, the quality of the work and the reasonableness of your fees. As you know, part…
Ryan M.
THANK YOU ATTORNEY BLY! I WOULD TRUST ATTY BLY W/ MY LIFE ... IN FACT, I DID! There is very little in this world that scares me more than the jail cell bars being locked and knowing that I am trapped behind bars in prison. However, after a "Hit &…
Andrew S.
5 STARS FOR BILL BLY AND STAFF While on vacation in Maine, I was arrested for OUI. Prior to this happening to me, I had never been in trouble with the law before and was completely overwhelmed and embarrassed by the situation. Coming from a world away in California, I…
Aaron O.
PITBULL If you are looking for the best DUI lawyer around its Bill Bly!! A++ service and he turned a .20 DUI into vanishing air. Thanks again Bill!! You are the man!! Thanks for fighting for my rights!!
Sam T.
HIRE BILL BLY! YOU WON'T REGRET IT. My experience working with Mr. Bly has been a great experience. Never having to wait for an answer is HUGE when dealing with difficult situations. Gets back within the day if not within the hour. I would highly recommend this law firm. Give…
Brenda A.
RECOMMEND YOU TO ANYONE I want to thank you for all your help. I was in a bad place when I first came to you. You really helped me through a terrible time. I would definitely recommend you to anyone that needs help. I just wanted to say thank you…
Melissa C.
WON'T HESITATE TO REFER YOU Thank you for everything you did for my son. He and I both appreciate the hard work that you put into this case. He has been able to turn his life around now this is behind him. I know that you are paid to do…
David M.
ABOVE AND BEYOND OUR EXPECTATIONS I want to thank you for everything you have done for my family. You have gone above & beyond our expectations and you are to be commended for such a solid, compelling case. You are a great attorney and an even greater person. We have…
Robert N.
CAN'T THANK YOU ENOUGH Thank you for all your help with my OUI. When we first met I was resigned to the “fact” that I was going to be convicted of an OUI and would lose my military career over it. I must say that I was quite surprised, shocked…
Manuel G.
WILLINGNESS TO ASSIST IN A TIME OF NEED Thank you for all your help concerning my case. As a veteran returning from overseas service, your willingness to assist me in a time of need and when I wasn’t in a position to pay for an attorney is greatly appreciated. You…
Rachel P.
IN TROUBLE WITH THE LAW? If you ever find yourself caught up in the legal system. The Maine Criminal Defense Group and his staff are the ones you want to have on your side. This man will fight hard for your rights and do everything he can to make your…
Abigail Z.
I RECOMMEND WILLIAM BLY We're glad we chose Bill for our legal needs. We found Bill to be knowledgeable, clear, and diligent. He actively managed my case and the overall outcome was the best that we could have hoped for. We would recommend Bill to others in a similar situation…
Alison R.
PHENOMENAL LAWYER The Maine Criminal Defense Group is hard working, knowledgeable, and determined when working on cases. He was pleasant and helpful throughout the entire process by answering any and all questions I may have had. His diligent work on my case, personal connections in the court systems, and professionalism…
Jerry E.
VERY HELPFUL - THANKS BILL! Bill Bly did a magnificent job collecting evidence and building leverage with the DA's office that allowed us to plead an OUI down to a lesser charge. Not only was he very knowledgeable about Maine law, but he also understood the personalities of both the…
Wade C.
PHD DOCTORAL CANDIDATE, WADE CHARNOCK Mr. Bly is a superb lawyer! He is without a doubt one of the finest criminal defense lawyers in the state of Maine. He handled my son's case with sincerity and professionalism, and the results, "All Charges Dismissed!" If you need a defense attorney, he…
Vicky L.
HIRE MR. BLY. YOU WON'T REGRET IT! I retained Mr. Bly over a year ago. I was charged with OUI and having a minor in the car. Mr. Bly was able to arrange a plea to a Driving to Endanger with no jail time and only a 30 day license…
Michael S.
I VERY MUCH RECOMMEND MR. BLY I was lucky to have contacted Mr. Bly in a matter that unfairly could have changed my life. He was very open, concerned, and committed to helping me. He answered every call promptly, never lost interest in my case, and went out of his…
Amanda F.
BOTTOM LINE RESULTS As an attorney it was clear to me that achieving a favorable disposition of an OUI charge with a difficult fact pattern would require specialized representation. Bill quickly proved this instinct correct and his nuanced and detailed understanding of and experience with the intricacies of the arrest…
John S.
MR OUT OF STATE OUI I went to Maine on a weekend vacation trip and got a little reckless. I ended up driving the wrong way on a one way street and received an oui. Now I was up against loosing my cdl, my job, and my new home I…
Thomas F.
OUI DISMISSED Feeling helpless? Bill is the person you need to contact. Never being on the other side of the law, I contacted Bill in a panic. He sensed this and actually agreed to meet me on a Saturday. Bill was extremely personable and gave me the facts that appeared…
Emma W.
Definitely Recommend My fiancé and I were visiting Kennebunk over the summer when I was stopped and arrested for OUI. I couldn't believe that this was happening. Once I got over the shock and humiliation of the arrest, my fiancé and I began searching for an attorney in southern Maine.…
Frank S.
HAPPY CLIENT I met with Bill back in June of this year for an OUI charge. When I met with Bill, he sat down with me and explained the entire court process and what to expect going forward. He didn't try and "sell me" on hiring him or make promises…
Terry L.
RECOMMENDATION Bill Bly is very professional, does his homework and he is very thorough. And his staff is the same. He and his staff returned all my phone calls and kept us abreast of the progress in our case. I highly recommend him.
Max C.
THANK YOU MR. BLY Mr. Bly assisted me with a case where I was charged with assaulting my girlfriend and my brother as well as some other people. After reading the police reports, I felt that the case was hopeless. Mr. Bly negotiated and outcome that prevented me from a…
Mia P.
THANKS FOR YOUR EXCELLENT WORK Attorney Bly defended me on charges of theft and secured a not guilty after trial. Thank you for all of your hard work.
Trent Q.
LEGAL NIGHTMARE SOLVED THANKS TO BILL BLY I was in a legal nightmare, after being arrested for an Operating Under the Influence, OUI in the great State of Maine. I was previously classified as a habitual offender in another state, so this was not my first charge concerning this particular…
Fredrick D.
VERY DEDICATED ATTORNEY Bill was very dedicated to my issue and worked with me to get me the best possible outcome. Bill and his law office kept me well informed on developments on the situation and was very upfront with me, gaining my trust and confidence in his skills helping…
John Y.
JOB WELL DONE First and for most I'd like to thank you very much for sorting out the snowmobile OUI bs for me. The outcome could not have been more desirable and the process with you couldn't have been better. On a professional note I give an A+ and will…
Ava L.
Thank you for a job well done Attorney Bly handled a sensitive domestic violence charge for me in a VERY favorable fashion. Ultimately, he got the charges thrown out. I'm grateful to him and his staff for all their hard work. Ann is especially helpful and was always available to…
Ned B.
Bly- A True Professional Committed to Client Satisfaction Two years ago I was involved in a high publicity case that involved significant legal implications. This uncharacteristic life event left me overwhelmed by emotional distress and not knowing where to turn next. Through thorough research and high esteem recommendations, I contacted…
Melissa G.
WILLIAM BLY WON'T LET YOU DOWN! I will with out hesitation recommend Bill to anyone !!! He fought diligently for a year to ensure me the best results possible and to avoid trial. In the end Bill saved me my career and kept me out of jail. There is really…
Nick G.
THANK YOU FOR ALL OF YOUR EFFORTS! My OUI and criminal speeding charges brought a great deal of stress and hardship to not only myself but my entire family. Having both of the charges against me dismissed was an absolute godsend. Once dropped, it felt as though a dark cloud…
Lisa F.
PROFESSIONAL, HONEST, AND QUICK TO REPLY Working with Attorney Bly was a pleasure - given the circumstances. He acknowledged my novelty to the courtroom and was sensitive to my case by guiding me through the process, step by step. Especially when I seemed overwhelmed and confused, anxious and uneasy, Bill…
Betty C.
SUPPORTIVE AND RESOURCEFUL It was an absolute pleasure to work with The Maine Criminal Defense Group. At the eleventh hour, I contacted him for help with a legal matter. What I originally thought would be a quick and easy case, turned into a more challenging matter. Nonetheless, given his knowledge…
Rosalinda E.
HIGHLY RECOMMEND ATTORNEY WILLIAM BLY I am delighted to write this recommendation for Attorney William Bly. Before hiring The Maine Criminal Defense Group to represent me I had worked with another lawyer which resulted in a warrant out for my arrest. Being out of state I had to thoroughly research…
Jason S.
HIGHLY RECOMMEND I found myself searching the internet hoping to find an attorney who I could trust and wouldn't just tell me what I wanted to hear. I was visiting from out of state when I was charged with an OUI as well as a refusal. I contacted Mr. Bly…
Erica L.
THANKS FOR MAKING A DIFFERENCE IN MY SON'S LIFE Bill, Thank you very much for getting back to me. My son and I want to thank you very much for the finalizing of this hard lesson learned in life's journey. I knew from the beginning that not only are you…
Theresa S.
SINCEREST GRATITUDE Mrs. Ann, I want to say thank you again to yourself and Bill again for OUTSTANDING work!! Please pass my regards to Bill. With sincere gratitude.
James C.
JC Recommends The Maine Criminal Defense Group I am very pleased with the representation I received from The Maine Criminal Defense Group. After having been charged with a very serious crime, his thoughtful and prudent strategy and diligent execution resulted in a better than expected outcome. The original charge was…
Amy O.
TIRELESS AND KNOWLEDGEABLE Bill Bly saved my career in the Navy. He worked on my case for almost six months before he was able to negotiate a positive outcome. His persistence and efforts with the DA were the only things that kept my case from going to trial. He was…
Mary S.
Without a doubt, choose Mr. Bly! When I was charged with an OUI, I felt that everything that I worked for went down the drain. I knew the consequences of an OUI, and it weighed heavy on my conscious. An OUI for a Naval Officer is a career killer. Having…
Warren H.
Given Me the Gift of Time Thank you for everything. You've given me the gift of time and I can't thank you enough for that.
Bryan D.
Dismissal of Driving on Suspended - Please read if you are unsure if W. Bly is the right attorney! After looking at reviews online and a brief conversation with Mr. Bly, I decided to retain him. I was charged with Driving on an out of State VA Drivers license. On…
Rick M.
Saved my career and preserved my future! Bill, thank you so much for your excellent legal representation these last few months. You gave me straight and concise answers throughout the entire process and I can't thank you enough for helping me keep my career in the U.S. Navy. Ann Dickey…
Dawn S.
DCS Recommends The Maine Criminal Defense Group Two years ago our family began living a nightmare that we could never have imagined possible. Our 18-year-old son was arrested for a serious offense he committed with a "friend." Our family was in a tailspin and we did not know where to…
Ready to get your life back? Call now!
Ready to Get Started? Contact Our Firm Today!
If you are facing criminal charges in Maine, the attorneys at The Maine Criminal Defense Group are here to help. Call our office to speak with
one of our team members, who will discuss your case with you and set up a consultation with one of our attorneys
Portland Office
By Appt. Only
Kennebunk Office
Main Office
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relation-
ship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors; therefore, results will differ on a case-by-case basis. By providing certain contact information herein, you are expressly authorizing the recipient of this message to contact you via the methods of communication provided.
* Our quoted fees include trial fees for misdemeanor charges only, unless otherwise agreed upon.
All felony charges are billed out on an hourly basis and require a retainer, unless otherwise agreed upon.
SEO by JurisPage | Copyright 2023 The Maine Criminal Defense Group | Terms of Use | Privacy Policy | Anti-spam | Accessibility Notice
