The federal government has listed different drugs that it considers as “controlled” and only available through a valid prescription or legitimate avenue. Illegal possession of a controlled substance occurs if you own or possess a controlled substance or drug like marijuana, cocaine, methamphetamine or other narcotics without permission or legal justification.
In order to be convicted of illegal possession of a controlled substance, the prosecutor must prove that you knowingly have control over the substance and you intentionally use or control the substance. The prosecutor does not need to prove that possession in this situation is illegal. Neither does the prosecutor need actual statements from you or evidence that you actually use the drugs.
Possession means personal and physical control over the illegal substance like you have the drug inside your pocket, in the bag, in your car’s glove compartment or hidden inside the home. This means that you have actual or constructive possession of the controlled substance or you can easily access the drug.
However, there are certain circumstances when you are facing illegal drug possession charges and end up facing charges for possession with the intent to distribute. Intent to distribute is a more serious crime than simple possession. If the amount of controlled substance in your possession is too large for personal use or if you have large stashes of cash, packaging materials, and customer lists, you can be charged with an intent to distribute drugs.
It has become quite common for the police to find drugs inside cars; however, the prosecutor must prove that the driver or passengers knew that the drugs were there. You can be charged by the police with possession if they find the drugs inside your pockets or if the drugs are near you in plain view. Circumstantial evidence will also prove if more than one person possessed the drugs.
If you are facing a charge of illegal possession of controlled substances, you need to call Donich Law as soon as possible to avoid a conviction. An experienced criminal lawyer can advise of your rights and the potential consequences of the charges against you. A criminal record for drug possession will negatively affect your future.