Month: September 2018

Possession of Drug Controlled Substance without a Prescription

Controlled substances can be described as drugs and other types of materials whose use and possession has been regulated by the federal government. It should be noted that possession of a controlled substance is not necessarily a criminal offense. In fact, the possession and use of some substances are legal but this is only under particular circumstances. For instance, it is legal during a scientific research and when an individual is put under the supervision of a doctor. Prescription drugs might be considered to controlled substances but are not the typical drugs on the streets.

Illegal Possession

The illegal possession of a controlled substance can happen when an individual owns a drug or possesses a controlled substance, this could lead to Prescription Drug Charges Oklahoma City, of course, if you are living in OKC. This has to happen without permission or justification. The charges usually apply when an individual common prescription drugs such as Valium, Xanax, Methadone, OxyContin, Vicodin, Hydrocodone, Dilaudid and Demerol.

It is essential to realize that there are a few legally available drugs like prescription medications that qualify to be controlled substances. This means that possession charges can be imposed if an individual is found to be carrying the medication without a proper prescription.

In order for a prosecutor to convict a person of having illegal possession of controlled substance, he or she must prove all the following elements:

  •  Knowing

The crime with regard to possession of controlled substances happens when an individual intentionally or knowingly has any controlled drugs. However, it is not mandatory for the prosecution to prove that an accused person had knowledge of the controlled drugs. In addition, that the accused knew possession was illegal in that circumstance. They only have to prove that the person accused had knowledge of the drug’s presence and had intentions to control or us them.

  •  Possession

It means that an individual has physical or personal control over an illegal substance. The possession can be either constructive or actual. Actual means they have it in their pocket or constructive that means they have control over the drug i.e. hidden somewhere.

  •  Shared Possession

A conviction can also be done in cases of partial control.

Possession Versus Distribution

Charges can either be simple possession or possession with intent to distribute. This is a much more serious crime. Crimes dealing with the intention to distribute are referred to as drug dealing. The penalty is directly proportional to the number of drugs, purity of the drugs and proof of the intent to sell.

Penalties

Drug controlled substances without a prescription have an array of penalties but it is dependent on where the crime took place. Furthermore, the severity of a penalty is controlled by several factors, these are as follows:

i. Specific prdrug.

ii. Circumstances of the drug possession.

iii.  The criminal history of the accused.

The penalties fines, incarceration, probation, diversion, and rehabilitation.

The above insightful information about possession of drug controlled substance without a prescription shows prosecution elements and the types of penalties. Most times, it is important to get legal advice from reputable criminal defense lawyers. It is important that they have enough experience in order to win the possession case.