Thomas Carroll Blauvelt

What is the law’s definition of drug possession?

Drug possession is a criminal offense that can lead to significant penalties, depending on the substance a person is charged with possessing. This charge is typically associated with a smaller quantity of drugs than would be possessed by someone who is looking to sell substances unlawfully.

A person who’s charged with drug possession should understand some basic information about their charges. At its core, drug possession means that a person had physical control over a substance in ways that are considered unlawful. This could mean that a substance is on their person or located in an area under their control.

Types of drug possession

There are sometimes different forms of possession that are brought up in a criminal case. The three main types include:

  • Actual: The drugs are found on the person, in the clothes they’re wearing or in something they’re carrying.
  • Construction: The person has knowledge of the drugs, which are in an area the person controls, even if the area isn’t right next to them.
  • Joint: The drugs are in an area that’s controlled by more than one person.

In some cases, possession of drugs comes down to circumstantial evidence. This typically includes points related to the location of the drugs and how the person had control over them.

Defenses against drug possession

There are many defense options that may be suitable for fighting this type of charge. These include calling the legality of the search or seizure into question, citing a lack of knowledge of the drugs or showing that the drugs belonged to someone else.

In some cases, more than one of those elements or other points, will be put together to establish a solid defense. The goal of the defense team is to poke holes in the prosecution’s case so doubt about defendant’s drug possession are created.

Determining how to set up a defense against drug possession charges can be a complex undertaking. Because these charges are serious, it’s best for anyone facing them to seek assistance from a legal representative who can explain the most suitable defense strategy options and how they may impact the defendant’s case and the case’s outcome.

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