BUCKHANNON – Buckhannon Police Chief Matt Gregory said the city has seen an increase in felony drug arrests in recent years. But many may wonder what separates a felony charge from a less serious misdemeanor offense.
Gregory said the elements of the crime determine its severity, not the drug itself nor the quantity of drug found.
“For the felony level, it’s unlawful for any person to manufacture, deliver or possess with intent to deliver a controlled substance — and that’s any drug that’s defined by the controlled substance act, if it is used for those purposes,” the police chief explained to My Buckhannon.
The type of drug does not determine whether someone is charged with a misdemeanor or felony, and there is no defined amount of drugs that equates to a more serious charge. When someone is found with drugs, officers look for other elements to determine if their intent was to distribute the drug. The quantity of drug is one element, but police also look for individually packaged drugs, large sums of money and ledgers describing transactions.