Drug charges are serious and can come with strong penalties. If you are facing such charges, you should try to build the best defense possible.
Understanding the process and its important aspects can be vital in building your defense. In doing so, there are a few key terms to be aware of in regards to drug charges.
Possession
The point of possession is critical to a drug charge. The prosecution must show the drugs were in your possession for the charges to hold up in court. The term “possession” not only covers what a person carries on his or her person, but also anything under that person’s control. This would include any substance in the person’s dwelling, amongst the person’s personal items or in any encasing the person has control over, such as a storage locker.
Controlled substance
In short, any illegal drug or prescription medication a party has but does not have the proper prescription for is a controlled substance. The state of New York’s public health law on controlled substances details the specific substances that fall under this category. It is important to note that with a prescription, some substances are legal to possess. For those who utilize such substances for medicinal purposes, it is a good practice to keep the prescription readily available.
Exemption
There are some acceptable uses for some illegal drugs and prescription medications. When parties utilize the substances within the allowed parameters, the use is not illegal. In such cases, those otherwise controlled substances are exempt, and the use is not a chargeable offense. Understanding the parameters in which these exemptions exist may be helpful in your case.
These are a few key drug charge terms to know; however, there are still several other aspects of your case you should understand. Therefore, it can be beneficial to work closely with your defense attorney.
