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What is Drug Possession?
Drug possession is generally defined as any person who possesses a controlled substance without the written prescription of a physician, dentist, podiatrist or veterinarian licensed to practice in the particular state. Controlled substances are defined and classified differently from state to state, but generally the drug statutes refer to narcotics, marijuana, prescriptive drugs, etc.
What is important to remember is that in many jurisdictions, you can be charged with this crime without actually physically possessing the illegal substance. For example, if someone in your car is carrying methamphetamine, even in their purse or pocket, the driver or owner of the vehicle can be charged -- even if you had no clue that the passenger had drugs on them.
Drug possession laws vary according to the drug type, amount and geographic area of the offense. Possession of small quantities could be a Simple Possession,while possession of large amounts may result in a charge of Possession with Intent to Distribute.
If you are suspected of possessing a controlled substance for the purpose of selling it, you can be charged with Possesion for Sale. If the amount of the drug in your possession is sufficiently high, you can be charged with Possession for Sale even if you never intended to the sell the drug and intended it only for personal use.
Ramifications of Possession Charges
Since the advent of the "war on drugs" in the 1980's, the government at all levels has aggressively pursued drug convictions. Drug crimes are considered "gateway crimes" that can eventually lead to other types of crimes including white collar, violent and sexual crimes. Big drug busts mean big publicity for prosecutors and politicians.
Citizens who may be in involved in the possession
or distribution of drugs are favorite targets of prosecutors because drug convictions tend to be easier to get than other types of crimes. The prevalence of drug use leads many people to assume drug charges are minor, "victimless" crimes.
On the contrary, drug crimes have among the most aggressive sentencing guidelines in the criminal justice system. Even minor possession charges can result in a criminal record, loss of your drivers' license and difficulty in keeping or getting jobs. Convictions on possession of controlled substances or on selling or trafficking drugs can result in long prison times with mandatory sentencing guidelines. This is why drug charges must be fought with extremely skilled and vigorous defense.
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