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Drug Related Crimes: Use

One will be charged with the crime of illegally using a controlled substance when they used a controlled substance, the controlled substance was classified as a controlled substance, and at the time they used it, they knew the substance was the identified controlled substance.

Punishment for using a controlled substance varies depending on the classification of the controlled substance. For example: if the substance is a controlled substance classified in schedules I or II as a narcotic or a drug, it will be a misdemeanor punishable by imprisonment for not more than 1 year, a fine of not more than $2,000, or both.

An example of use would be: Someone goes to a job interview and is tested for narcotics. In their sample are traces of narcotics. The defendant does not have the drugs on their person, but it is in their system. If the employer reports this to the police we have an example that will bring a charge of use.

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