Over the last hundred years, drug possession has become one of the leading crimes in the world. Possession of drugs is illegal around the globe and the person found in possession is held under criminal charges and may end up in jail.
Given the legal sensitivity of possessing drugs, the federal and state law of the US requires citizens to avoid the possession of drugs or illegal controlled substances that are used to sell and consume drugs at any cost. Moreover, if the person taking a prescription drug without prescribing by the doctor is also considered illegal. These illegal drugs include cocaine, marijuana, heroin, LSD, and similar controlled substances. If a person is found with a single or multiple illicit substances, he or she will be charged with the ‘intent to distribute’ in addition to possession.
Why Controlled Substances are considered illegal?
The harm to others through the possession of these drugs causes them to stand illegal. However, it is noteworthy that the legality of a certain drug changes as the authorities label drugs as illegal or not through passing the laws. For example, in California, there are certain conditions when a person can possess marijuana and does not end up arrested.
Despite the fact that authorities allow in certain conditions, it is pertinent to avoid a situation where you can get caught with drugs and face the trial which can lead to a jail sentence.
What is the Possession of Drugs?
To be found in possession of any controlled substances which is considered illegal is a crime and a person can go to jail after being arrested. But this act becomes complicated especially in those states where marijuana or few drugs are considered legal. In case a law enforcement officer from other state travels through a certain state and does not know about the legal implications of possessing drugs, can try to complete an unauthorized arrest. Moreover, before searching forsomeone, the drug possession must be suspect. Although, random screening happens, it is important to observe if the person looks like that he or she is addicted to drugs and a simple arrest may not be sufficient.
Arrest for Possessing Drugs:
Most often the arrest occurs when there is a doubt that person consumes illegal substances. This probable cause of doubt or suspicion makes the officer search the person, and if found in possession of drugs, he or she may be arrested. In case no drugs are found, there shall be no probable cause to search. If the officer searches on the basis of racial profile or causes damages, the officer may face civil litigation. If a person is facing the charges of possession, he or she may hire a criminal defense attorney in order to find ways to dismiss the charges- there is a possibility that the accused may not have had drugs at the time he or she was arrested.
Criminal Aspect of Possession:
Although most of the drug possessions are considered illegal mainly due to the potential harm they cause to others, as well as intent to sell them in large quantities, this question is political. This is because the politicians in power decide the types of drugs that are illegal to consume, possess or distribute and consequently lead to arrest.
In order to be considered as illegal drug possession, there are certain factors and requirements which are based upon federal and each state’s laws. It is necessary to prove that the arrested person knew that the drugs in possession were controlled substance, he or she had the knowledge of being in possession at the time of arrestand had access to illicit drugs. Access to drugs may also mean that the person arrested had the key or property to access drugs located somewhere else.
Guest Author Bio:
Criminal Defense Lawyer in Minnesota has successfully handled thousands of cases as well as across the United States, in both state and federal courts. We will tenaciously fight for you from start to finish and do everything we can to help you reach the most favorable outcome possible.