Drug Possession, Possession of a Controlled Substance

As it relates to drug possession and possession of a controlled substance the law sets forth a schedule of drugs and makes illegal their possession. You can be charged with drug possession and possession of a controlled substance even though a drug is not on your person. A person can be charged with drug possession and possession of a controlled substance if that person exercised dominance or control over the substance, the person knew of its presence, the person knew it is a controlled substance, and the substance was in an amount sufficient to be used as a controlled substance.

Drug possession charges can include manufacture of controlled substance, distribution of controlled substance, importing a controlled substance, possession of paraphernalia, possession with intent to distribute, drug possession, prescription fraud, and drug trafficking. Some of the more common controlled substances for which charges are levied are cocaine, crystal methamphetamine, crack or crack cocaine, marijuana. It is also unlawful to possess certain substances called precursors, which are used in the manufacture of controlled substances. For example, possession of certain quantities of pseudo-ephedrine can be a crime, particularly if it is found near equipment which is used to convert the substance into crystal methamphetamine, known in its street name as “meth”.

It is critical that a drug possession attorney be retained in order to go to the scene and take photographs if applicable, interview witnesses, gather evidence, conduct tests, and conduct other important actions, all of which could play a vital role in defending drug possession charges and possession of controlled substance charges. Early defense work cannot be underestimated.

Possible penalties for drug possession and possession of a controlled substance can include long term incarceration, loss of drivers license, seizure of motor vehicle, significant fines and assessments, court ordered counseling or drug treatment, and random drug testing.

Possible defenses against drug possession charges and possession of a Controlled Substance charges can include valid prescription, illegal search and seizure, insufficient evidence, and factually proving innocence. Anything you say can be used against you in court. Do not discuss the matter with anyone until you have talked with a lawyer.

This page provides general information, not legal advice. Every situation depends on its own facts, and reading this page does not create an attorney-client relationship.