Drug Possession Laws

If you have been accused of drug possession, you may be confused about how to proceed. Review the following frequently asked questions to learn more about drug possession offenses.

What is drug possession?

The definition varies by jurisdiction, but generally, it is the possession of an illegal controlled substance such as marijuana, cocaine, crack, and heroin. Most laws consider the type and amount of a substance when charging someone with drug possession.

If I am arrested for drug possession, what should I do?

The best thing to do if you are arrested for drug possession is to remain silent and contact a criminal defense attorney. Do not make any statements to the police until your attorney has arrived. Because the penalties for drug possession can be severe, it is important to work with an attorney to develop a strong legal strategy.

What if I plan to plead guilty?

Even if you plan to plead guilty, you should speak with an attorney before entering a plea. An attorney will be able to advise you of your rights and help you understand how you may be able to minimize your sentence. An attorney may even be able to have the charges reduced or dismissed, depending on the laws of your state and the circumstances of your case.

Is there a difference between felony and misdemeanor drug possession?

Yes. Felony charges carry more severe penalties like prison time of a year or more, and forfeiture of property. Punishment for misdemeanor charges is generally less severe, with jail time up to a year, community service, probation, fines, or drug treatment.