The law prohibits the possession of controlled substances unless prescribed by a physician. Controlled substances include drugs such as marijuana, amphetamines, and cocaine. The sale, delivery, manufacturing, or possession with intent to distribute a controlled substance is a serious felony which can result in a lengthy prison term and a substantial fine. Possession of any quantity of illegal drugs can bring a jail or prison term, depending on the quantity of the drug and on how the law classifies the dangerousness of the drug. Possession of even the smallest amount of some drugs, like cocaine, can result in a conviction and a possible jail sentence. A person charged with unlawful possession may be convicted if he or she is either in actual or constructive possession of the drug. A person who knowingly has physical control over a drug is in actual possession. A person who has the power and intention to exercise dominion and control over a drug is in constructive possession of the drug. Sometimes when a person is arrested on drug charges, the police will confiscate the car, home, or other property regardless of whether the owner is the same person in possession of the drug. The owner must then file a claim for the return of the property. The time limits for filing such a claim are short and strictly enforced. Usually, drugs are found as a result of a police search. Therefore, a central issue with drug offenses is usually whether proper legal procedures were followed. For more information, talk with an attorney.
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