Drug Possession


At present, the federal laws and estates of possession of drugs consider as a crime the own possession of controlled illegal substances such as LSD, heroin, marijuana, methamphetamine, among others. These rules also punish the cultivation and manufacture of drugs. However, the crime of drug possession varies depending on the type of drug, the amount involved and the state where the act occurred.

The condition to prove possession of drugs
It could be a violation of federal and statutory laws regarding the possession of certain illegal drugs. The elements of the offense are generally the same despite the variation of laws from state to state. However, beyond a reasonable doubt, the prosecutor must prove that the accused knew they were illicit and controlled drugs.

Another type of crime is "constructive possession". In other words, it is someone who must be considered in possession of an item that is not in the physical custody of that person in some settings. In order to be considered for a person in possession of a constructive object, that person must have knowledge of the object and the ability to control it. For example, if the person or persons arrested have access to a warehouse full of illegal drugs, it is considered a constructive possession.

Classification of Drug Possession Laws

There are two main categories of drug possession laws. The first one is simple possession (for personal use) and the second one is possession with intent to distribute. The second type basically involves the enforcement of stiffer penalties upon conviction compared to simple possession because the purpose of the law is to penalize and persuade drug traffickers

In addition, some states have made distinct categories of certain drugs, treating them separately. For instance, some states have legalized possession of marijuana for medical or even recreational use, even though it is still considered illegal under federal law.

Drug Paraphernalia

It refers to the erromating equipment used to hide and use drugs such as marijuana, methamphetamine, among others. Among them are syringes, crack pipes or bongs. However, everything depends on a determination of "primary use"

For example, if a person has a newly purchased syringe, it can not be considered a marijuana syringe unless it has drug residues in it.

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Revised: Jan. 5, 2018, 5:53 a.m.
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