What Are The Defenses To Drug Possession Charges?

30 June 2023
 Categories: , Blog


Were you charged with possession of drugs? Here are some of the defenses your criminal defense attorney may be able to use to beat the case.

Unlawful Search and Seizure Defense 

One of the primary defenses used in drug possession cases is challenging the legality of the search and seizure conducted by law enforcement. The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures. This defense argues that the evidence, in this case, the drugs, was obtained without a valid warrant or probable cause, rendering it inadmissible in court.

If successful, this defense can lead to the exclusion of the evidence, significantly weakening the prosecution's case. To support this defense, the accused and their attorney may thoroughly examine the circumstances surrounding the search, such as whether the police had a legitimate reason to search, whether they exceeded the scope of the search, or if they violated the accused's constitutional rights in any other way.

Lack of Possession

Another defense often employed in drug possession cases is the assertion of lack of possession. This defense argues that the accused did not have actual or constructive possession of the drugs.

Actual possession refers to the drugs being found directly on the person, such as in a pocket or bag. Constructive possession, on the other hand, implies that the drugs were in an area under the accused's control.

To mount a successful lack of possession defense, the accused and their attorney may present evidence to demonstrate that they had no knowledge, control, or intent to possess the drugs. This may involve challenging the prosecution's evidence, questioning witnesses, or presenting an alibi that proves the accused was not present at the location where the drugs were found.

Valid Prescription or Authorization Defense

In cases where the accused possesses controlled substances for legitimate medical purposes or in accordance with the law, the valid prescription or authorization defense can be invoked. This defense argues that the accused had a legal right to possess the drugs due to a valid prescription from a licensed medical professional or authorization granted by the relevant regulatory body.

To support this defense, the accused and their attorney may present documented evidence of the prescription or authorization, such as medical records, pharmacy records, or communication with healthcare providers. It is crucial to establish that the drugs were obtained and possessed in compliance with the applicable laws and regulations, thereby demonstrating that the accused did not engage in illegal drug possession.

For more info, contact a felony lawyer today.