What is Drug Possession and Why Is It Criminal?

By Davis Law Firm | August 20, 2019

Drug Possession

In the criminal justice system, the offense of drug possession refers to the possession of drugs that are illegal or are controlled substances that are not prescribed for the person possessing them. The possession of illegal or controlled substances is a crime because these drugs, when used, may cause harm to those using them or to others.

The laws that define and regulate drug possession are dynamic and ever-changing. The best example of this is marijuana, which is legal in some states and jurisdictions, but not in others. Whether or not the possession of marijuana is legal usually depends on the amount in possession. The Davis Law Firm, LLC of New Jersey has more than twenty years of experience working cases dealing with illegal drug activity and will evaluate your case to find its merits.

What Are Illegal Drugs?

Illegal drugs are those which a person is not legally allowed to use, possess, or distribute. Controlled drugs whose use is restricted by law are classified into five schedules by the FDA, or Food and Drug Administration, under the Controlled Substances Act. Those that are in the Schedule I classification are the most dangerous and carry the highest penalties for possession. These are drugs that have no currently accepted medical use and a high potential for abuse. An example of a Schedule I drug is heroin. 

Schedules II through V list more drugs, with the severity of penalties for possession being less severe with a Schedule of higher number. An example of a Schedule V drug is cough syrup that contains codeine. It’s unlikely that anyone would be arrested for possessing this unless they had an unusual amount.

Defending and Protecting Your Rights

It is not uncommon for those who are charged with or convicted of the possession of illegal drugs to have had violations of some of their basic rights during the arrest process. In order to stop you in traffic, to search your vehicle or home, or to frisk you, a police officer must have probable cause or reasonable suspicion that you were committing a crime.

If these procedures are not followed correctly during your search or arrest, your charges may be dismissed.  The legal professionals at the Davis Law Firm, LLC of New Jersey will investigate your case to determine whether or not your Constitutional rights have been violated.  

Contact an Experienced Hamilton Township Drug Defense Attorney About Your Drug Possession Charges in New Jersey

Have you been charged with a drug crime in NJ?  A drug crime conviction can carry with it heavy fines, jail time, and driver’s license suspension!  That is why it is imperative that you speak with a qualified criminal defense lawyer about your case. The lawyers at The Davis Law Firm, LLC represent clients charged with use, possession, production, distribution, and related drug offenses in Hamilton, Trenton, Robbinsville, West Windsor, and throughout New Jersey. Call 609-498-7722 or fill out our confidential online contact form to schedule a consultation about your case. We have an office located at 2653 Nottingham Way, Hamilton Township, NJ 08619. 

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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