Articles Posted in Legal News / Legal Information

IMG_6709-2-194x300DRUG BUSTS

100 ‘most asked ‘ questions

CAN I BUY A BONG OR A PIPE?

Yes.

Can you possess it?

No.

This is a real head-scratcher for most of us.

A store can sell you what is obviously a device intended for the consumption of a controlled substance, but you can’t possess paraphernalia.

It’s a distinction without a difference to argue that it can be used for a non-controlled substance.  That’s not the issue.  The only question is can it be used to ingest a controlled substance.

If it can be used to consume a controlled substance it is a narcotic implement, also known as drug paraphernalia.

IMG_6709-2-194x300DRUG BUSTS

100 ‘most asked ‘ questions

IF MY ROOMMATE HAS PARAPHERNALIA DO I GET ARRESTED?

Yes.

If you’re in a place, or in a space, where a reasonable person can conclude that you are either in actual or constructive possession of paraphernalia you are subject to arrest.

This can be in a car, or in your dormitory room, or in your apartment.

The fact that the paraphernalia is in another room allows you grounds to argue; but not with a cop. Perhaps in front of the jury.  Bad place to be.

If your roommate has paraphernalia either it/ he/she goes or you go.

IMG_6709-2-194x300 BUSTS

100 ‘most asked ‘ questions

CAN I SHARE MY PRESCRIPTION?

No.

The law makes no distinction between selling your prescription and giving away a single pill. If you transfer possession of a controlled substance to another person, you are guilty of sale or delivery.

Never offer to or share any pills with anyone. Never permit anyone else to carry your prescription for you. Never send your prescription ahead of you, if you’re traveling and always keep it in the original container from the pharmacy.

If it can be proven that you gave someone a pill, or more than one pill from your prescription you can be charged with delivery or trafficking.

The person who receives it can be charged with possession, trafficking or conspiracy.

If the un-prescribed user were to overdose or have an allergic reaction you can be charged with a crime and sued for damages in civil court.

IMG_6709-2-194x300DRUG BUSTS

100 ‘most asked ‘ questions

WHAT IS TRAFFICKING?

Possession with the intent to sell or deliver any illegal drug (usually more than a personal use amount) or controlled substance is trafficking.

It commonly is understood to mean you have enough of the ‘stuff’ to be “in the business”, and a transfer to someone.   But, depending on what it is, and where you live, you can be a trafficker by giving away one pill.

Trafficking begins at 5 grams for federal law.  Some States: 28 grams.

If you knowingly sell, buy, deliver (giving away a pill is a delivery) a controlled substance (anything illegal, anything that requires a prescription from a doctor), you can be convicted of trafficking.

Ever ‘borrow’ a sleeping pill?  Pain medication?  Give it to someone?    Re-read the definition of trafficking: you are a trafficker.   Scary stuff, huh?

 

IMG_6709-2-194x300DRUG BUSTS

100 ‘most asked ‘ questions

WHAT IS CONSTRUCTIVE POSSESSION?

You can be charged with possession of a controlled substance under the constructive possession theory.

Constructive possession means that although the controlled substance is not on your person or within your immediate vicinity, the contraband is in a place over which you have control.

The state must prove: 1) control over the place 2) that you have actual knowledge it is there 3) that you can exercise dominion and exclude others from possession.

Constructive possession can be charged to one person or more than one person, if it can be proven that everyone had equal or shared possession, knowledge and control.

 

IMG_6709-2-194x300DRUG BUSTS

100 ‘most asked ‘ questions

IS RESIDUE POSSESSION?

Yes.  Residue is possession.

In most state courts they don’t care if there is a trace amount, or a consumable amount of a controlled substance.

If it can be chemically identified as a controlled substance, or residue it is possession.

Ash is residue.

The film of smoke inside a pipe or bong is residue.

In most states you cannot be convicted of possession of a controlled substance if it is found in your body tissues or fluids.

Consuming a controlled substance, which often happens when someone is stopped by the police and tries to eat the drugs is charged as the crime of obstruction of justice, tampering with evidence, or resisting arrest.

IMG_6709-2-194x300DRUG BUSTS

100 ‘most asked ‘ questions

WHAT IS POSSESSION?

To possess means to have personal charge of, or, exercise the right of ownership, management or control over the “thing” possessed.

Mere proximity to a thing does not prove possession.  There has to be knowledge of its presence and control.

The law presumes you have knowledge of things within your control. That means anything on your person, in your clothing or within ready reach can be presumed to be in your possession.

You can be held accountable for possession of something that is not physically on your person. So, if you give a controlled substance to someone and it remains within your control, you can be charged with possession.

There are no easy rules or bright line distinctions between possession and mere proximity. It is always a question for the jury to decide.

IMG_6709-2-194x300CRIMES

50 ‘most charged’ crimes defined

DRUG CRIMES

The state can prohibit entirely the use of particular drugs for which there is both a lawful and an unlawful market, and may exercise broad police powers in regulating the possession of drugs.

Controlled substances are divided into five categories, largely according to their relative potential for abuse.

It is a crime to be in possession of a controlled substance without a valid prescription.

 

IMG_6709-2-194x300CRIMES

50 ‘most charged’ crimes defined

BATTERY

A battery is an unlawful touching.

The state must prove:

  • The defendant intentionally touched or struck the victim against his/her will.
  • A battery may become a felony when the touching causes serious bodily harm.

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CRIMES

50 ‘most charged’ crimes defined

ARSON

Arson is the damage of property by fire or explosion.  For it to be a crime the state has to prove:

  1. There was damage to a structure or dwelling, caused by fire or explosion.
  2. The damage was done willfully, or during the commission of another felony.