If you find yourself facing drug possession charges, it’s important that you don’t sit back and hope for the best. You need to be proactive in your defence. Otherwise, the consequences could be steep, severe, and long-lasting.

Penalties for drug possession convictions

Before we dig into the details of defending yourself against drug possession charges, let’s make sure we’re clear on the ramifications, because they’re nothing to scoff at.

The specific penalties you face will depend on the state you’re in and the type of charge. For example, simple possession is a Class A misdemeanour in most states, carrying up to a year in jail and up to $2,500 in fines. But if you get a second possession offence, you could spend as much as five or six years in jail and face even bigger fines.

“These repercussions could be increased depending on the specific type of drugs that were found,” attorney Andrew C. Beasley points out. “Some drugs are considered more dangerous and thus elicit more severe penalties and aggressive stances from the prosecution. The most common include marijuana, cocaine, and heroin. Further, the punishment could be heightened if a defendant has previous offences on their record.”

The moral of the story is don’t take a drug possession charge lightly, even if it’s your first one and it seems like no big deal. You need a strong defence to give yourself the best chance of a positive outcome.

Defending yourself against drug possession charges

Every case is different, with hundreds of unique variables in play for any given charge. But if you want to form a strong defence, you don’t need to do anything crazy. 

Here are five ways to defend yourself against drug possession charges:

1. Challenge the legality of the search and seizure

One of the first things you should do is question whether the search and seizure that led to the discovery of the drugs were legal. The Fourth Amendment protects you from unreasonable searches and seizures. This means that law enforcement must have a valid reason or a warrant to search your property. Make sure you understand your basic rights. If the police conducted the search without a warrant or probable cause, any evidence they found might be inadmissible in court. This means it can’t be used against you. Your lawyer can file a motion to suppress the evidence, arguing that it was obtained illegally. And if the judge agrees, the charges against you could be reduced or even dropped.

2. Question actual possession

Drug possession charges rely on the idea that you have control over the drugs found. However, if you can show that the drugs weren’t yours or you didn’t know they were there, you might have a strong defence.  There are a couple of major issues you can bring up when it comes to challenging possession:

• Shared Spaces: If the drugs were found in a place where many people have access, like a shared apartment or car, it can be difficult to prove who actually possessed them.
• Unwitting Possession: Sometimes, you might not know drugs are present. For example, if someone else placed drugs in your bag without your knowledge, this could be a strong defence.

3. Dispute the Identification of the Substance

Not all substances that look like drugs are actually illegal. In some cases, what police think is a drug might not be. Several years ago, a man was actually arrested and detained in jail for 90 days after police officers accused him of having cocaine in his car. After testing, it ended up being drywall residue. In other words, law enforcement messes up with this stuff a lot.

It’s important to make sure that the substance in question is tested and confirmed to be illegal. Your lawyer can request a chemical analysis of the substance. If the test shows it’s not an illegal drug, the charges against you might be dropped. And it’s important to note that lab tests can sometimes be wrong. Errors in testing or contamination of samples can lead to incorrect results. If you can show that there was a mistake, this could be a key part of your defence.

4. Explore procedural defences

There are lots of rules and procedures that law enforcement must follow when handling evidence. If these procedures aren’t followed correctly, it can weaken the case against you. “Chain of custody“ is one of the most important.

The police must document every person who handled the evidence from the moment it was seized until it is presented in court. If there’s a gap or mistake in this documentation, it can cast doubt on the integrity of the evidence. If the evidence was tampered with or contaminated, it might not be reliable. (Your lawyer can investigate and question the handling of the evidence to ensure it was done correctly.)

5. Consider an entrapment defence

Entrapment occurs when law enforcement induces a person to commit a crime they wouldn’t have otherwise committed. If you believe you were tricked or coerced into possessing drugs, this could be a valid defence.

Here’s how entrapment can work: Sometimes, undercover officers might push someone into committing a crime. If they convinced you to take possession of drugs when you otherwise wouldn’t have, you might have a case for entrapment. 

To prove entrapment, you need to show that the idea to possess drugs came from the police, not you, and that you wouldn’t have committed the crime otherwise.

Putting your best defence forward

There are numerous ways to challenge your case and put forth a strong defence, even when it feels like the proverbial cards are stacked against you. At the end of the day, the best thing you can do is hire an attorney who specialises in defending people against drug crimes. 

If you hire the right lawyer, everything else will fall into place.

Adam Mulligan, a psychology graduate from the University of Hertfordshire, has a keen interest in the fields of mental health, wellness, and lifestyle.