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If you are in the unfortunate position to be facing drug charges, it can feel like an alienating and lonely experience. You also might not be able to discuss it with your close friends or family.

Drug Possession Charges

This can lead to you not being properly informed on your rights or what you can be doing. In this article, we will tell you the 7 things you need to know about drug possession charges.

Don't suffer in silence when it comes to things such as these. Educate yourself about what exactly to do in these circumstances.

Don't suffer in silence when it comes to things such as these. Educate yourself about what exactly to do in these circumstances. Read on to find out more.

  1. What is It Classified as?

This is your first point of call when it comes to drug possession charges. They're known as Schedules and range from Schedule I to Schedule V. Schedule I is known to be the most severe drugs such as LSD, heroin, and GHB. Schedule V is the lowest rating with chemicals that can be taken for medical purposes such as codeine.

The type of drug and charge will be key in working out what sentencing you will receive and what you can do about pleading or maintaining a defense. They factor in variables such as harmfulness to the user and its addictive properties.

  1. Marijuana Can Classify as Schedule I

It's interesting to note that marijuana is also currently classified as a Schedule I drug, despite its comparison with the rest of the drugs in the Schedule I category. This might feel extreme being charged with a Schedule I drug offense if you're charged with possession of marijuana.

However, a lot of states treat marijuana differently to the rest of the schedule I drugs often resulting in you having to pay a fine or spending a short period of time in jail if it is your first offense.

Check with your state mandates and the way in which they tend to swing in terms of marijuana possession. It might not be anywhere near as bad as you might think.

  1. Fight Your Possession Charge 

If you are wondering how to fight a drug possession charge, it's actually very straightforward. Speak with an experienced lawyer who is well versed in how to fight possession charges. They will be knowledgable on all the parameters concerning drug possession and arrest laws.

If there was something illegal or wrong about your possession charge, they will be able to find this out for you and help get the charges dismissed.

A lawyer will always be your best point of call if there are circumstances that need clarifying. Drug possession charges are never usually clear cut or definitive.

  1. The Amount of Drugs Found Will Result in Different Charges

Depending on what drug it is and the amount found by police, this may change your possession charges to possession with intent to dispute (PWID). If this is the case you will be looking at more severe charges and a potentially much longer sentence if convicted.

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You will need to check based on the laws applicable in your state to see what your drug possession charge will be classified as.

  1. You Can Also Get Charged for Possession of Drug Paraphernalia

Even if someone doesn't have drugs on their person or in their house, a person can still get charged with possession of drug paraphernalia with the likelihood to sell or distribute. These items include things such as weighing scales, small plastic 'baggies', and pipes.

It's interesting to note that not all states have a law against drug paraphernalia but it's illegal under federal law.

  1. People Around You Can Also Get Charged 

If you are found with a large quantity of drugs and the police can prove a higher charge of PWID, the people you lived with could be charged as an accessory to the crime. This is if they can prove that the other members of your household knew about any illegal activity or drug dealing.

This is also true of any person that lends a space or unit to a person that is distributing or making drugs. Whether they had knowledge of the drug dealing or not they can also be charged with conspiracy. This can carry a hefty prison sentence even if they weren't directly involved.

  1. 'Active' Possession and 'Constructive' Possession'

There are two types of possession when it comes to drug possession charges. Active possession refers to drugs found on your person such as in a bag or pocket or luggage that you are carrying.

Constructive possession is where you aren't in physical contact with the drugs but know where they are stored or hidden, such as a car, home, or storage space.

One of these possession charges must be proven for the police to prosecute you for a crime relating to drug charges. It may be that you were not aware of the drugs being at your property or that someone else was in control of the substances, meaning that you wouldn't be charged for possession.

It is the police's responsibility to prove that you were in contact with the drugs in your home or vehicle. However, you might be also charged with other crimes associated with drug charges such as accessory.

Drug Possession Charges: Where Can I Find Out More?

We hope this article on the 7 things to consider when you are facing drug possession charges has given you a wider scope of information on the subject.

It can feel like an insurmountable and frightening prospect, dealing with drug possession charges. That's why it's important to be as knowledgable as you can on the subject and seek legal help if possible.

Hiring or speaking with a lawyer will give you the best possible outlook for going forward with your case.

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