What Is Possession Of An Illegal Drug?

December 7, 2023    criminaldefencelawyersperthwa
What Is Possession Of An Illegal Drug?

The prohibition of drug possession through religious law is a common means of attempting to stop the recreational use of certain intoxicating substances.

Some drugs are considered to be illegal. The government regulates and manages their manufacturing, distribution, marketing, and sales. This is done with the help of a prescription system. Amphetamines are legal to consume when they are prescribed by a doctor. Consumption of the items is a criminal offense when there is no prescription.

It is important to be aware of the psychoactive drugs and the blanket prohibition also comes up for several steroids and other drugs. The laws have only a selected amount of drug control. You must take advice and guidance from a drug defence lawyer

Defining Possession: Differentiating Between Actual And Possession

Willfully possessing illegal controlled substances is taken into account as a criminal offense under both federal and state laws. If you or a loved one gets arrested for drug possession, the primary and most vital thing that you simply should do is hire a criminal defense lawyer immediately

The laws depend on the state. The crime is completely based on the drug laws and regulations. Other factors come up in the form of the sort and amount of drug found with you. You can be jailed when there is any form of drug misuse or addiction. If you have a low amount of drugs the punishment can be easily reduced.

You need to know about the legal situation and prepare to defend yourself in court when you have a criminal defence lawyer with you.

Types of possession

A person is arrested for possession of a drug if the authorities determine that he or she has the power to regulate the drug. There are two sorts of drug possession.

  • If the enforcement officer found the drug inside your pants pocket, then you’ve got committed possession. Sometimes mentioned as “possession actually,” means there’s immediate physical contact with the drug. This is the case if drugs are found on the person.
  • Constructive possession, on the other hand, occurs when the drug isn’t found on the person but is found on or around the person’s property. It’s also called “possession in law,” which means the person is aware that the drug is present within the boundaries of his property. With possession, quite one person is charged with possession of an equivalent drug.
  • If you’re caught with a small quantity of cannabis or heroin and it’s your first offense, you’ll usually get a warning (caution) rather than being charged with the offense. The police informant makes this decision. you’ll need to comply with drug counseling and attend a drug treatment center. If you do not go along as agreed, you’ll be charged by police later.
  • For the police to prove a charge of possession in court, you want to have known that the drug was there and have intended to possess it. Read how we will help before being interviewed by police.

Drug trafficking

You could be charged with trafficking drug of dependence if you’re caught:

  • preparing or manufacturing a drug
  • selling the drug
  • buying drugs

Penalty for trafficking

The penalties are much higher for trafficking an illegal drug. They depend upon the number you’ve got and the way old you are.

  • The maximum penalty for an adult is;
  • 10 years in jail and/or a fine of up to 1,800 penalty units, or
  • 20 years in jail and/or 3,000 penalty units for trafficking a billboard quantity of an illegal drug.
  • The maximum penalty for an individual under 18 years old is 20 years in jail and/or a fine of up to 2,400 penalty units.
  • Cultivation is the offense of growing narcotic plants. These are opium, cannabis, and cocoa plants.
  • If you are found to be trafficking these drugs or narcotic plants, then the penalty can be maximum.
  • If you’re charged with cultivation, it is important to take advice from legal professionals.

Consequences

Drug possession is defined as having a prohibited drug in your possession which can include on your person or in your car. If you are charged with illegal possession of drugs, then the penalties can be grave, depending on what drug you possess and in what quantity. If you’re found guilty of possession you’ll be fined up to $2,200 or spend up to 2 years in custody, or both.

  • If you drive with any type of drug, for a primary offense the utmost court-imposed fine is $1,100, the minimum period of license disqualification is 3 months and therefore the automatic period of license disqualification within the absence of a writ is 6 months.
  • The offense of cultivating prohibited drugs is severe, and should not be committed at any cost. If caught, the offender would be produced in court for trial.
  • Police are ready to test for alcohol and medicines during a roadside test.
  • The penalty for driving under the influence of drugs varies depending on what drug is detected in your system.

Conclusion

Islamic countries have restrictions on the use of alcohol. The governments have stated a high tax on different alcohol and tobacco products. They avoid the consumption and distribution of such drugs to the minor. They have put bans on outdoor drinking and indoor smoking. Many countries have even prohibited alcohol consumption. You must have an essential idea about the importance of the laws and regulations surrounding drug possession. It’s crucial to get legal guidance and support if needed. Get guidance and support from the best criminal lawyers Perth if you have problems regarding drug possession.

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