With a sufficient quantity of one or more illicit substances, the person may even have charges of intent to distribute in addition to possession. The possibility that harm to someone or others through your actions may arise from drug possession is one of the reasons it is illegal.
drug possessionis the crime of intentional possession of illegal substances, such as marijuana, cocaine, methamphetamine, or heroin. Drug possession accounts for more than 80 percent of all drug-related arrests in the United States, says Department of Justice.
In addition, almost half of those arrests are for possession of marijuana. Partly because of law enforcement campaigns targeting these crimes, arrests for drug possession have nearly doubled in the past two decades. Criminal drug possession charges under federal and California law have serious long-term consequences and ramifications. It is illegal for people under the age of 21 to possess illegal substances, such as marijuana, cocaine, ecstasy and heroin.
Juvenile drug charges can derail a young person's life and lead to ongoing mental health and substance problems. The Riverside drug crime lawyers at The Law Office of Gregory H, Institutes are here to help parents and minors ensure the best possible outcome when facing a criminal investigation or charges. Client cases are handled with compassion, and we appreciate the sensitive nature of criminal charges and their impact on a child. Without seeking legal advice from an attorney experienced in the field of drug offenses, people accused of using, possessing, manufacturing, distributing, or selling illegal drugs risk more severe penalties.
Orange County drug charges defense attorney William Weinberg has won many victories in defeating laboratory cases by proving that the defendant did not possess precursors and therefore did not have a laboratory in place. Possessing prescription drugs without a proper prescription can result in criminal charges against a minor in possession of drugs. Whatever the position, representation by an experienced Orange County drug possession attorney can make a big difference in the outcome. Depending on the charge, the circumstances of the crime and the offender, a person convicted of drug charges may be eligible for a drug diversion sentence.
If someone is arrested for transporting drugs for sale or actually selling them, rather than simply possessing them with an alleged intention to sell them, the charges are more serious. A good defense attorney can often have minor drug use or possession charges dismissed and sales charges reduced to simple possession, with the possibility of dismissal if a drug diversion program is ordered. Drug courts focus on rehabilitation of the defendant, rather than incarceration, and generally require the defendant to participate in one-year drug rehabilitation programs, as well as random drug tests. Defendants who do not qualify can be charged with a misdemeanor or a felony, depending on the drug and the amount of possession.
However, trying to hide or destroy drugs can support the inference that drugs were known to be in their possession. When a person is discovered to have an illegal drug in their immediate possession, that is, in a place such as a pocket or backpack, or anywhere that the person can access immediately, it is known as actual possession. If the drug is in a place where someone exercises control, in a house, for example, even if that person is not in possession, it is still considered possession. Since these items can also be used for legal purposes, such as dispensing legal medications or smoking tobacco, prosecution for possession of drug paraphernalia generally requires additional testing to connect the item to drug use, such as residue left in a drug pipe.
Also keep in mind that in some cases of unlawful possession, the defendant may qualify for a drug diversion (treatment) program or drug court. Sentences for drug possession offenses have come under scrutiny in recent years due to the high number of offenders sent to prison and the increase in the prison population. . .