Is it considered a felony or a misdemeanor if a minor gets charged with possession of a controlled substance? 9 Answers as of May 23, 2013

What is it considered if a minor is charged with possession of a controlled substance (ecstasy), which was half a pill? Is it a felony or a misdemeanor, also he was in the diversion program

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Felony.
Answer Applies to: Georgia
Replied: 5/23/2013
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
It is likely a felony, but age may play into what happens.
Answer Applies to: Nebraska
Replied: 5/22/2013
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
It is a felony, here in Illinois. He stands a good chance of losing his diversion program by getting arrested. He will be dealt with in the juvenile system once again, the penalty up to the prosecutor and/or judge.
Answer Applies to: Illinois
Replied: 5/22/2013
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
You indicate that the person possessed or sold a Schedule I drug which is a felony offense. You must retain experienced counsel
Answer Applies to: Minnesota
Replied: 5/22/2013
Henry Lebensbaum | Henry Lebensbaum
Depends on the substance and the amount.
Answer Applies to: Massachusetts
Replied: 5/22/2013
    The Law Office of Carlos H. Davalos
    The Law Office of Carlos H. Davalos | Carlos H. Davalos
    I think the amount of the controlled substance held determines the charge.
    Answer Applies to: Illinois
    Replied: 5/22/2013
    William L. Welch, III Attorney | William L. Welch, III
    Possession is a misdemeanor, but possession with the intent to distribute is a felony. An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial.
    Answer Applies to: Maryland
    Replied: 5/22/2013
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    This could be both a felony and a misdemeanor. If he was already in a diversion program, this could be a big problem for him. He needs to retain legal counsel ASAP.
    Answer Applies to: New York
    Replied: 5/22/2013
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Minors are really charged with delinquent acts and not felonies or misdemeanors unless they are certified as adult offenders.
    Answer Applies to: Nevada
    Replied: 5/22/2013
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