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What is considered criminal possession of drugs?

On Behalf of | Feb 25, 2022 | Drug Charges |

Nebraska takes all drug charges very seriously. If you’ve been charged with possession, it’s important to understand those criminal charges.

What is drug possession?

Drug possession relates to a person willingly and knowingly possessing illegal drugs such as cocaine or heroin. There are different levels of possession charges a person can face if they are believed to have illicit substances found in their possession. They depend on the type of drug, the amount of the drug and more.

If a person is found to be in possession of drugs, the prosecution would have to prove that two elements are in place. The individual would have to be proven to know that the drug in question was a controlled substance and that they knew they possessed it.

What are the categories of drug possession?

There are two main categories of drug possession: Simple possession refers to possessing drugs for one’s own personal use while possession with intent to distribute means that the individual possessed the drugs to sell them or give them to other people for their use. Possession with intent to distribute is the more serious offense as the defendant is considered a drug dealer in that situation.

Drug possession offenses often extend to possession of drug paraphernalia as well. Materials and chemicals used to cultivate or manufacture drugs such as crystal meth are often included in criminal possession charges.

Actual possession refers to having physical control over illegal drugs. This category of possession is often referred to as possession in fact when a person has immediate physical contact with the substance.

Being arrested for drug possession is viewed seriously in Nebraska, which means a conviction can carry harsh penalties. If you face these charges, it’s important to protect your rights and seek to avoid a conviction.