What Is Drug Possession?

Drug possession is one of the most common criminal charges in the United States. Even minor drug possession for personal use can result in jail time and a drug conviction on your criminal record. Make sure you understand your rights to a strong criminal defense before pleading guilty to drug possession in a plea deal.

Criminal laws differ in every state. Talk to a drug crime defense lawyer in your area for legal advice and the most up-to-date information about your drug possession case.

Drug Possession Laws

Drug possession can mean many different things. Just being in the presence of drugs, even if they are not yours, can mean you may be charged with possession. Drug possession arrests can involve police finding a controlled substance:

• On your person
• Somewhere on your property
• Within an area of your control
• On drug paraphernalia

To be convicted of drug possession, the prosecutor must show that the defendant was in knowing possession of a controlled substance. Possession can include being in a location where you have control or the right to control the area. Depending on the situation, two or more people can be in possession of the same drugs.

The exact type of criminal charge may depend on the amount of a controlled substance. If you are found in possession of a certain amount of drugs, you may even be charged with drug possession with the intent to sell, which can carry more severe penalties.

Drug Possession Defenses

At trial, the prosecutor must prove all elements of the crime to get a conviction. If you can show that even one element is not supported beyond a reasonable doubt, you should not be convicted. There are many potential legal defenses to drug possession charges, including:

• Unlawful search and seizure
• Police misconduct
• Entrapment
• Improper handling of evidence
• Someone else possessed the drugs
• The substance was not an illegal drug

Search and Seizure Violations

The Fourth Amendment to the U.S. Constitution protects you against unlawful search and seizure. If the police conduct an illegal search or seizure, your attorney may be able to get the evidence excluded from trial.

Unlawful searches can include searching your property without a search warrant or searching you without probable cause that you committed a crime. However, there are some exceptions to search and seizure laws. Talk to your attorney to determine if your constitutional rights were violated during a drug possession arrest.

Crime Lab Analysis

The state must prove the substance in possession is actually a controlled substance. Drug tests are usually done by the crime lab analyst, but there can be problems with the evidence handling and testing.

Your attorney can challenge the drug testing evidence to show that there were problems with the chain of custody, the drug test result was a false positive, or the sample was contaminated during handling or testing.

Police Misconduct and Entrapment

In some cases, police officers may have planted false evidence on suspects. This kind of misconductcan be difficult to prove. Still, your criminal defense lawyer may be able to call law enforcement actions into question by reviewing arrest videos and police reports.

Another possible defense is entrapment. Entrapment means that the government tried to get someone to commit a crime so that they would be able to prosecute them. Entrapment can be difficult to prove because it usually involves showing that you would not normally have possessed illegal drugs and were persuaded to commit the crime.

Medical Marijuana Exceptions

An increasing number of states are legalizing marijuana for medical or recreational use. At the federal level, marijuana possession remains illegal. If your state has some form of legalized cannabis, possession for medical use with a valid prescription may be a defense to drug possession charges.

How an Attorney Can Fight Drug Possession Charges

An experienced criminal defense attorney understands how to investigate criminal cases and build a strong legal defense. Your attorney can challenge the prosecutor’s evidence to keep it out of court. A strong legal defense can result in getting the charges dropped or winning your case in criminal court. This can help you avoid unforeseen consequences to your employment as well. 

In some cases, your attorney may be able to negotiate with the judge and prosecutor to help you avoid a criminal conviction by participating in drug court, diversion programs, or substance abuse treatment. Contact a drug possession defense lawyer who can look at your specific case and give you the best outcome.