Under federal laws, possession of controlled substances or drugs with the intent of selling them is a felony offense. However, merely possessing it for one’s consumption is not a major crime. Different states have different laws with regard to possession of controlled substances.
Consuming cannabis in states like Nebraska and Idaho is still illegal and a punishable offense. If you have been arrested in a drug possession case of which you do not have any knowledge, talk to a drug possession attorney immediately. The Fassio Law firm has the best defense attorneys who can represent your case and help you get justice.
Illegal possession of drugs.
Simple possession means having narcotics under your control and no intent to pass it to other distributors. Depending on the type of substance and the quantity you are possessing, the severity of the charge may vary. The prosecutor must prove that the defendant was either engaged in or had the knowledge of possession of the drugs.
According to US laws, having heroin or LSD in possession is illegal, regardless of what amount you have. They are not used by medical professionals. A person has no legal prescriptions for such substances if the police find these substances in someone’s possession and are able to prove that the person has knowledge of possessing them or knew that these were controlled substances latestzimnews.
Intent to distribute.
In this act, the law officers must prove that the person possessing the drugs had the intention to sell further or distribute them. Intention to sell may be evident by the amount of drugs. The intent to sell is obvious if the amount or quantity of the drugs is too large.
Other signs that may indicate the intention to sell drugs include the presence of packing materials like bags, big stacks of money, and drug paraphernalia. Intent is the key distinction here.
If you had possession of the intent of personal use only, the amount should be in a smaller quantity rather than in a larger one when there is the intention to distribute it for further transactions.
Defense to the charges.
A person can get a legal defense if he lacks the knowledge of possessing or having controlled substances. Mere possession of narcotics or drugs is a minor offense in the United States. The charges are low because of the small amount due to personal use.
Another defense is you can argue that the substance was not found to be an alleged controlled substance after testing. Also, if a person is found in possession of prescribed drugs and is able to show a valid prescription, he may be free of the charge.
If you are facing charges related to drug possession or intent to distribute, your first step should be to seek legal representation. Hire an attorney today!