4 Common Crimes Associated With Drug Possession

Using and possessing controlled substances like illegal drugs carry many consequences, including fines and time in jail. If you or someone you know may be at risk of drug possession arrest, check out these four common crimes associated with the possession of drugs.

1. Simple Possession

To be convicted of possession of drugs, the prosecutor must prove that you knew the drugs were a controlled substance and that you knew you had possession of the drugs. For example, if a friend gave you a package to hang on to, and you honestly had no idea what was in it, you may be found innocent.

In many cases, when you are arrested, you'll have the illegal drugs on you, which makes the case easier. However, even if you don't have the drugs on you, the prosecutor may prove you had access to drugs. Perhaps you had a key to a storage facility that stored drugs. As long as the courts can prove you knew what was in the storage unit, you may be found guilty.

2. Possession With the Intent to Sell

Simple possession usually involves a small amount of drugs that the courts assume is for personal use. However, if you have large amounts of illegal drugs, you may be charged with possession and the intent to distribute or sell the drugs. Harsh punishments to try and stop drug distribution means that you'll face tougher consequences if convicted of possession with the intent to sell or distribute.

Other proof that may be used to argue you were planning on distributing the drugs is packaging material, money, and communications with customers. If you have all this but you don't actually have the drugs, you may not be charged with possession with the intent to distribute, but you may be charged with conspiracy to distribute drugs or a similar crime.

3. Possession of Drug Paraphernalia

Even if you aren't found with drugs in your possession, you may be convicted for having drug paraphernalia. Paraphernalia includes anything used to consume and distribute illegal drugs. This includes pipes, needles, syringes, razor blades, mirrors, small plastic bags, scales, and vials. Of course, just because you have a few bags lying around and a scale doesn't mean you're going to be convicted.

The courts have to prove you knew the object was related to illegal drugs, but they don't have to find the paraphernalia on you to charge you. They can charge you for having paraphernalia in your home, locker, etc. If you are repeatedly arrested for having lots of drug paraphernalia, you may face felony charges.

4. Driving Under the Influence of a Controlled Substance

Driving under the influence of anything that impairs your ability to think and react quickly is never a good idea and usually illegal. Therefore, if you are found to be driving under the influence of a controlled substance, you may face DUID (driving under the influence of drugs) charges along with possession. In California, most DUIDs are considered misdemeanors and equal to driving under the influence of alcohol.

For this reason, punishment is similar to driving while under the influence of alcohol. You may face 3 to 5 years of probation, a fine, DUI school, and a license suspension. If an accident occurred because you were driving under the influence of drugs, you may also face jail time, especially if someone was hurt. A DUID can become a felony if you do hurt someone or you have many DUI/DUIDs.

Having any amount of illegal drugs is never a good idea, but if you have lots of drugs, the courts may determine you had the intent to sell, which comes with higher punishments. If you want to better protect yourself, you need a skilled attorney. For more information, or to get a consultation, contact us at The Law Office of Ralph Torres today.