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Of these state ordered drug possession sentences, approximately 33 percent of offenders received prison time, 31 percent received jail time, and 36 percent received probation time. Drug possession sentences can be different depending on whether they are ordered by the federal or state courts.The average incarceration for federal drug possession sentences is 81 months, and the average incarceration for state drug possession sentences is about twenty months.he average incarceration for federal drug possession sentences is 81 months, and the average incarceration for state drug possession sentences is about twenty months.
For example, possession of any amount of most controlled substances is punishable with 16 months, 2 or 3 years in county jail. A judge can take into consideration that the defendant has voluntarily enrolled in a treatment program and enforce the lesser, 16 month sentence.