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Defenses to charges of drug possession

On Behalf of | Oct 26, 2022 | Criminal Defense

Any type of drug charge could change your life for the worse. If you have been charged with drug possession in Maryland, you need immediate help. Depending on the circumstances of your case, you can use one of these common defenses.

The police conducted an illegal search

Under the Fourth Amendment to the United States Constitution, you have the right to be protected against unlawful search and seizure. Police do not have the legal right to search your home, vehicle or body to uncover drugs or anything else without your permission unless they have probable cause to search or a warrant. If this happens to you, a solid defense in your case would be to argue illegal search and seizure. Hire Caroline Norman Frost to represent you and get the illegally obtained evidence suppressed in your case.

The drugs are not yours

A common defense for drug possession charges is to state that the drugs were not yours. Although they might have been in your possession, if you can prove that they belonged to someone else, you were unaware of the drugs being in your possession and how they got to you, it’s possible to rely on this defense.

The drugs were marijuana- section updated in 2023

In Maryland, as of July 2023, Marijuana is legal for recreational use starting July 2023. But, possession of more than 1.5 ounces of cannabis is a misdemeanor punishable by law. Medical marijuana is legal in Maryland as well. Patients can purchase their medical marijuana from one of the state-licensed dispensaries.

Entrapment

Entrapment occurs when a person faces pressure or threats from a law enforcement officer to commit a crime. If an undercover police officer forces you to possess drugs, you can use this defense in your case.

If you were arrested for drug possession, you need the best defense to have a fighting chance in your case.