It is illegal to possess prohibited substances or even prescription medication without a doctor’s recommendation. Individuals found in possession of controlled substances are at risk of criminal prosecution.
Factors including the type of substance found, the total amount of drugs and the prior record of the person accused can all influence what happens next. Typically, prosecutors accuse drug defendants of one of three different types of drug possession.
What kinds of possession allegations might defendants face?
Physical possession
Many drug possession charges arise from accusations of actual physical possession. Police officers find drugs in someone’s backpack or pockets. Possession charges may even follow police officers finding people with paraphernalia in their possession that has drug residue on it. The amount of drugs found and other factors determine whether the defendant faces misdemeanor or felony charges.
Constructive possession
Sometimes, police officers find drugs near people but not in their direct possession. Such scenarios often lead to allegations of constructive possession. The state has to show that the defendant was aware of the drugs and had control over them. As is the case with actual possession offenses, the charges depend on the quantity and type of drugs found.
Possession with intent to distribute
Prior criminal charges related to drug trafficking or the possession of large amounts of drugs may raise questions about the defendant’s intentions. If the state can credibly allege that they intended to distribute the drugs in their possession to others, the defendant might face felony charges.
Different types of drug possession allegations require unique defense strategies. Understanding the different charges prosecutors may pursue can help defendants prepare the most reasonable response.