Possession of Controlled Substance
Possession of Controlled Substance can include anything from street drugs like cocaine or marijuana, to prescription medications like Vicodin.
If you are facing charges then you need to call criminal lawyer, Aaron J. Boria at (734) 453-7806.
Possession of Controlled Substance Charges
To prove possession of controlled substance the prosecuting attorney would have to prove the following beyond a reasonable doubt:
First, that you possessed a controlled substance.
To prove possession the prosecutor would have to show actual physical control or the right to control the item even if it’s in another room. Possession doesn’t necessarily mean ownership.
Second, that the substance possessed was a controlled substance.
Third, that you knew that you were possessing a controlled substance.
If you are accused of possessing prescription drugs then the prosecutor would also have to prove that the substance was not obtained by a valid prescription given to you.
If even one element is not proven beyond a reasonable then you are not guilty. Common defenses include that you were not in actual or constructive possession, entrapment, and in marijuana cases having a medical marijuana defense.
Possession of Controlled Substance Penalty
Possession of ecstasy or MDMA is probable punished the most harshly. It is a felony punishable by up to 10 years in prison and a fine of up to $15,000.
Cocaine is probably the next most severe drug crime. Any amount under 25 grams of cocaine is punishable by up to 4 years in prison and a fine of up to $25,000.
Other controlled substances such as Xanax are punishable by up to two years in prison and a fine of up to $2,000.00.
Finally, possession of marijuana is treated separately and is punishable by up to a year in jail and up to $2,000 in fines.
Controlled Substance Lawyer
If you have been charged with a drug crime in Michigan then you need controlled substance lawyer, Aaron J. Boria (734) 453-7806. We have kept numerous clients out of jail, and obtained countless dismissals.