What Is Drug Possession and Why Is It Criminal?

There are federal and state laws that require citizens to avoid the use and possession of illegal controlled substances and materials used to consume and sell drugs. These often include marijuana, cocaine, LSD, heroin and similar items. However, even prescriptions drugs may be deemed illegal if the individual taking them does not have a prescription or the need based on his or her health conditions to take them. This may also lead to criminal charges if the individual is caught in the act of consumption or possession. With enough of a single or multiple illicit substances, the person may even have charges of intent to distribute added to possession.

The possibility that harm to someone or others through his or her actions may arise through drug possessions is one reason why it is illegal. However, the legality of drugs changes throughout history based on the authorities placing categories on drugs as to what may be considered illegal and not. When a law passes to change these factors such as in Colorado with marijuana, it may be possible to possess the drug in certain conditions that the individual does not end up arrested. However, it is crucial to follow the laws to remain away from potential situations where the possessor could go through a trial and remain behind bars after conviction.Possessing any controlled substance that is classified illegal may end up with someone in jail after being arrested when caught with the drug. However, this becomes complicated when the person is a resident of a state where certain drugs are legal such as marijuana. There are usually specific stipulations that explain having possession of the drug outside of the state could result in an arrest. However, if an out of state law enforcement officer is traveling through the state, and he or she is not aware of the legal implications, he or she may attempt to complete an unauthorized arrest. Additionally, possession must be suspected before searching someone. Random screens do occur, but if an individual just looks like he or she does drugs, this is not enough to search or arrest him or her.
Many arrests for possession occur when there is suspicion that the individual has been consuming illegal substances. The officer has probable cause for a search, and if the drugs are found, he or she may arrest the person. However, if the drugs are not found, he or she may not have had probable cause. This could involve racial profiling, and if any further injury or damage is caused, the officer could face civil litigation. However, for charges of possession, the person should hire a criminal defense lawyer to strategize a defensive way out of the charges. He or she may not have had any drugs at the time of the arrest.
While it is stated that most drug possessions are criminal due to the possibility of harm to others and the intent to sell with large enough quantities, the concept is still political. The types of drugs that lead to arrests and the consumption or holding depend greatly on what the current politicians want based on how they believe society should be run. A campaign usually has drug use, possession and distribution as one of the topics for conversation. Additionally, law enforcement are bound by these laws and must perform as they change and evolve over time. For those in states where certain drugs are legal, the criminal aspect of these substances does not exist.For possession to be considered as criminal, there are certain requirements. These are also based on state and federal laws, and may vary from one location to another. It must be proven that the arrested individual has known the drug was a controlled substance when he or she had possession, knew he or she was in possession of the drug at the time of the arrest and had access to the illicit substance. This does not necessarily involve current

possession, but may extend to having the narcotics in another location but retain the keys or property to access them. These persons should seek the assistance of a criminal defense lawyer.