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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.
Whether you are caught with marijuana, cocaine, heroin, LSD, or a prescription drug that isnât lawfully yours, you will face a similar penalty. Under West Virginia law (Â§60A-4-401), possession of a controlled substance is a misdemeanor offense. If convicted, you could face 90 days to 6 months in jail with fines reaching up to $1,000. If this is your second or third offense, that penalty could be doubled. More Serious Drug Charges in W.Va.