Possession of a Controlled Substance

Possession of certain drugs is a felony. Even if trace amounts of an illegal drug are found to be contained within a legal drug, you may be charged with possession of a controlled substance, no matter the quantity. It is unlawful for a person to knowingly possess a controlled substance listed under the schedules in the Uniform Controlled Substances Act. The most common illegal drugs are schedule I or schedule II controlled substances. A substance is considered a schedule I drug when the substance has a high potential for abuse, the substance has no currently accepted medical use in treatment in the United States, and the substance lacks accepted safety for use under medical supervision. A substance is considered a schedule II drug when the substance has a high potential for abuse, the substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions, and the abuse of the substance may lead to severe psychological or physical dependence. The prosecution need not prove the elements of a controlled substance to obtain a conviction for possession of a controlled substance, only that a drug is listed as a controlled substance in the Uniform Controlled Substances Act. Remember, you may be found guilty of possession of a controlled substance even if you never had physical contact with the drug. Possession simply means close proximity or access to the drug. Several people may be charged with possession of a controlled substance for the same bag of drugs if all the people are in close proximity to the drug (ie, in a car). If your child is in possession of a prescribed drug for which they are not the person prescribed the drug, they may be charged with possession of a controlled substance. This often occurs when friends share prescribed drugs with their peers.

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