Controlled Substance Possession
This statute defines that drug not for purpose of sale is when a person knows and intentionally possesses a controlled substance (i.e. illegal drugs), unless the substance was obtained with prescription. In short, owning or having control over drugs that you do not plan to trade for valuables or cash is drug possession.
Drug possession is also called as:
- Possession of drugs for personal use;
- Possession of controlled substance) PCS;
- Straight possession of controlled substance/narcotics.
Types of Prohibited Possession
One of the common misconceptions when it comes to drug possession is when the illegal substance is found physically on the person. The legal meaning, however, defines “possession” as extending to any location you exercise control over (i.e. at home, or in the car).
There are 3 types of controlled substance possession such as:
- Actual possession of narcotics
This possession is when someone physically keeps the controlled substance in their person. This includes hiding marijuana in your back pocket, or holding a baggie of crystal meth in your hand.
- Constructive possession of narcotics
This happens when someone stores the drugs in a place that they have a control over. For example, hiding an ounce of cocaine inside your house, or keeping heroin in your cabinet.
- Joint possession of narcotics
This type means there are 2 or more people who share or control ownership over the same illegal substance. For example, if a brother knows his sister stored heroin in the cabinet and permits it, he could be prosecuted for possession even if he did not use the drug himself.
The Defense to PCS
Your Drug Possession Attorney should explore all the possibilities for your defense when fighting drug possession charges. Some of the common defenses are:
- Lack of intent – you honestly did not know anything about the controlled substance in your possession.
- The drugs were not in your custody, possession, or control.
- The law enforcers committed a Miranda Rights violation
- The enforcers did an entrapment
- The law enforcers did an illegal search and seizure.
There is a possibility in getting your charges suspended, or get drug rehabilitation, or for the court to order probation. Depending on the conditions and facts determine the best defense for a drug charge case.
Sentence given by the judge typically depends on the drug’s schedule classification and if you have no other drug offenses in the past. If you have no drug offenses before, you might get eligible for drug court.
1st and 2nd offense
- Category E Felony;
- 1 – 4 years imprisonment.
Most of the time, a 1st offense is probationable. This means avoiding the chance of imprisonment and a conviction if you would complete rehabilitation program or drug