Drug prohibition and controlled substances laws limit what you can do with certain chemical substances. It is illegal to ever possess, use or transfer prohibited substances like methamphetamine and cocaine. There are circumstances in which the possession, use and transfer of controlled substances are legal, but all of those circumstances involve medical professionals overseeing someone’s treatment.
Individuals who have banned drugs or prescription medication in their possession could wind up arrested by the police and charged with serious criminal offenses. Typically, possession offenses are the least severe charges someone can face for drug infractions. However, the police can arrest you and claim that you possessed those drugs with the intent to distribute them to others.
When are you at risk of those more serious drug-related charges?
Innocent actions can look criminal to cops
Maybe you have recently tried dabbling in illicit substances, so you have multiple different drugs in your possession. That can look like a stash of substances intended to sell to others. It is common for those who violate controlled substances or drug prohibition laws to have one particular drug of choice, not to use multiple different substances. The police are likely to assume that you did not possess four different types of controlled medications solely for your own use.
On the other hand, it could be the overall amount of the drugs that the police find. You may understand that you get a better deal when you buy large quantities at once, but the police will likely suspect that your intention is to resell those drugs to others.
Your social life could play a role in the suspicions of law enforcement as well. Those with heavy traffic in and out of their homes or known associations with others involved in the illicit drug trade are at greater risk of intense police scrutiny.
Finally, the paraphernalia in your possession could make the police suspect you of an intention to distribute the drugs that you have. While scales and packaging can be as useful for drug users as they are for those who distribute the drugs, the officers arresting you may simply assume that they are tools of the trade and not intended for your protection during transactions on the unregulated market.
How can you defend yourself against possession with intent charges?
Possession with intent accusations come with far more serious criminal consequences after a conviction. Those accused may be able to challenge how the police analyzed the evidence or even the way in which the police gathered the evidence.
There is no one defense strategy that works for every person facing drug charges. Instead, a careful review of the actual charges and the evidence provided by the state in the discovery process will help you and the attorney assisting you to decide on the best defense strategy possible. Understanding why you face enhanced drug charges can help you find the motivation to fight back and protect yourself against very serious allegations.