Due to the epidemic of opioid use in the United States, there are very strict rules and laws related to controlled substances. “Controlled substances” are materials or drugs that are classified and regulated by the government. Unless you are in possession under certain circumstances, like you have a prescription or you are engaging in research, then you are not allowed to be in possession of those substances; if you are, there are stiff fines and penalties involved. There are some controlled substances, like heroin or cocaine, that have no medical use. If you are found with those, then there is no justification for possession at all.
What are controlled substances?
According to the federal government, various drugs are considered to be “controlled,” which means that the only way to acquire them is through a prescription from a physician. There are five “schedules” of categorized drugs, according to the Controlled Substances Act. The most dangerous classification is Category One. Although being charged with possession is typically determined at the state level, many states defer to the federal schedule and charge accordingly.
What is considered being in possession of an illegal controlled substance?
Being “in possession” of a controlled substance means that you have it without having the permission to do so. If you don’t have justification – like you have cocaine or heroin or another drug which has no medical use – or you don’t have a prescription that authorizes you to have the medication, then you can be charged with possession.
“Without justification” typically applies to a person who is found with cocaine, methamphetamine, marijuana or any other type of narcotic. There are times when you can have a legal drug that requires a prescription; if you don’t have a prescription, that can be classified as not having justification. To be convicted of possession of a controlled substance, there need to be specific elements involved:
The person must know: To be charged with illegal possession, you must have the knowledge that you have a controlled substance on you and that you intentionally acquired it. The stipulation is that a person who is charged with possession does not need to know that the controlled substance is illegal; the prosecution only needs to show that they had the drugs in their possession to prove their case.
They have to have possession of the controlled substance: To be accused of possession of a controlled substance, you have to be either in physical or personal control of the drugs. That means that you must actually have to have the drugs on you, or you have access to them, like having them in the glove compartment or bag.
They can have shared possession: A person can be charged with possession if the prosecution can prove that they had partial control over the drugs. For instance, if you and your spouse had drugs in your home, the prosecution must show that you both had control over the substance – not just one of you – for you both to be convicted.
What is the difference between distribution or sale and possession?
If you are found with drugs, then you can be charged with both possession and distribution, depending on what you were doing when you were caught. If you were found “dealing drugs” to someone else, then you would be both in possession and have the intent to distribute, which carries a much stiffer penalty. If you were just found with the drugs and no intention of selling them, then you would only be charged with possession.
The consequences of being found in possession vary according to the type of drugs you are carrying, the quantity you are in possession of, whether or not it is your first offense, or if you had the intent to sell or distribute them. To lessen criminal punishment, it is always good to hire Queens drug defense attorney to defend you against possession charges. Law Offices of Michael Dreishpoon might be able to either reach a plea agreement or lessen the charges against you. Since you can be facing prison, rehabilitation, diversion or probation, having the right person in your corner to build a healthy defense is imperative.
