Drug possession is a type of crime that involves having either one or many drugs regarded as illegal in “one’s” possession. This possession is based on distribution, personal use, for sale or otherwise. The illegal drugs fall under different categories, while sentencing will be based on the jurisdiction, circumstances, drug type and the amount.
State and federal laws associated with drug possession will make it unlawful and a crime to possess willfully, illegal controlled substances that include heroin, “club drugs”, LSD, cocaine, methamphetamine, and marijuana. These laws will also criminalize possession of the “precursor” chemicals that are utilized in drug manufacturing and cultivation along with specific accessories which are associated with using these drugs.
Requirements Needed To Prove Possession Of A Drug
Possession of specific illicit drugs is able to violate both state and federal laws. While the possessions on drug laws often vary significantly from one state to the next, elements of these offenses are typically similar in the way that prosecutors have to be proven that beyond reasonable doubts, the defendant:
•Knows, the drug or drugs in question is classified as one of the controlled substances as well as,
•That she or he knowingly had control or possession of this drug.
Possession can also include what is known as “constructive possession”. This involves that the defendant has access to illegal substances even when it was not found on her or his person on arrest. An example of constructive possession may include when charges are filed against either one individual or many who have the keys to a property or a van that contains narcotics, on the assumption that all the other elements involving this crime have been met.
The laws on drug possession typically fall into 2 categories. The first is known as simple possession which is related to personal use and the second is known as “possession with intent to distribute.” You can also be charged with possession even if you have been pulled over for another reason such as driving while intoxicated (dwi) or while impaired (dwai).