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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.
Marijuana Possession Penalties. Considered as a controlled substance class on itâs own, possession of Marijuana has itâs own penalties that are not the same as other drugs or substances. The most common marijuana possession offense of under 2oz have a maximum penalty of 180 days in jail. However, in most situations, we can negotiate a deal for probation in exchange for a drug treatment program, and successful completion of such a program can result in the charges being dropped.