What Does it Mean to Possess an Illegal Controlled Substance?

Although state and federal laws may vary, a person has possession of an illegal substance when that person knows of its presence and has physical control of it. A person also has possession of an illegal substance if that person has the power and intention to control it.

“Use” means using an illegal controlled substance not prescribed by a licensed physician or practitioner.

Examples of Illegal Controlled Substances

Examples of illegal drugs or narcotics include opiates and opiate derivatives, cocaine (and cocaine base), heroin, peyote, gamma-hydroxybutyric acid (“GHB”), and certain hallucinogenic substances.

What Does it Mean to Manufacture an Illegal Controlled Substance?

A person is generally guilty of manufacturing a drug when he produces an illegal substance by means of a chemical synthesis or a natural extraction. The manufacturing of an illegal controlled substance can also include the packaging or repacking of the substance or the labeling and re-labeling of its container.

What Does it Mean to Distribute an Illegal Controlled Substance

A person is generally guilty of “distribution” when he transfers an illegal controlled substance to another person. The transfer can be:
– Actual – a person physically transfers the controlled substance to another.
– Constructive- evidence of a large quantity of drugs packaged in small bindles may infer that a person’s drugs are “packaged to sell”.
– Attempt- a person attempts to transfer the controlled substance to another, but is otherwise prevented from doing so.

What is Criminal Possession of an Illegal Controlled Substance?

Criminal possession is the holding of property that is illegal to possess.
– Actual Possession- a person has actual possession of an illegal substance when it is physically on their person.
– Constructive Possession – it is possible for a person to be in possession of an illegal substance even when it is not on their physical person..

What Can You Do if You are Accused of a Drug Crime?

If you are accused of a drug crime, you should contact the Law Offices of Daniel Perlman to learn more about your rights, your defenses and the complicated legal system.

Daniel R. Perlman
The Law Offices of Daniel R. Perlman