I am curious about the sentencing standards for drug possession offense.

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A friend asked me to keep drugs, so I just kept them at home. A few months ago, my friend asked me to temporarily keep drugs, and I thought just keeping them would be okay. But my friend got reported and during the investigation apparently said I have drugs... So I'm now involved in drug possession charges — are there separate sentencing guidelines?

drug possession offense

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作者: 박동일

The sentencing standards for drug possession offense are determined by comprehensively considering various factors such as the type and quantity of drugs, purpose of possession, and the circumstances of the crime.

Even in cases where you simply kept drugs at a friend's request, this can be judged as a ‘drug possession offense’ under criminal law, and the motive for the crime and degree of involvement have important impacts on sentencing.

Generally, courts may consider as mitigating circumstances and reduce the sentence for drug possession offenses where the degree of involvement was passive, where one was involved with conditional intent, where one surrendered or cooperated with the investigation, or where there is no record of criminal punishment.

In addition, cases of mental and physical weakness, or where there is voluntary intent to undergo treatment for drug addiction, can also be mitigating factors.

Therefore, the fact that it was simple custody, that there was no intent to actively use or trade, the possibility of cooperation with the investigation, and the lack of a criminal record can act positively in sentencing judgment, and the specific sentence varies depending on the specific circumstances of the case and the type and quantity of drugs.

For details, please consult a specialized attorney.