What Does It Mean to be in Possession of an Illegal Substance?

Facing drug charges can be stressful, but the allegations don’t necessarily mark you as guilty. The outcome often depends on the type of charges, namely possession, distribution, and manufacture. Understanding the differences is crucial in helping you formulate a defense strategy with the most favorable outcome.

It also helps to consult skilled criminal defense lawyers in Colorado Springs to help you navigate the complex federal and state drug laws. Through their expertise, you can aggressively defend yourself against the charges to have them dropped or the penalties dropped.

If facing drug possession charges, it means you knew of its presence in a place over which you had physical control, such as your home or vehicle. Being in possession also means you had the power and intention to control the illegal substance. Criminal possession is illegally holding something you should not possess. The law classifies possession into two categories:

  • Actual possession: You have actual possession of an illegal substance when it is physically on your person
  • Constructive possession: You could face possession charges even when the illegal substance was not in your physical possession. Constructive possession is when you have knowledge of the substance and the ability to control it, such as when you have drugs in your car’s glove compartment when you’re in the car.

What Are the Possible Penalties for Being in Possession of Illegal Substances?

Drug possession charges and consequences depend on the type and amount of drugs you have in your possession at the time of your arrest. Your intention of possession also comes into play in determining the penalties.

Adults in Colorado Springs are legally permitted to have up to 2 ounces of marijuana, and a violation may attract a fine of up to $100. Possession of cocaine and heroin is a misdemeanor if the amount is less than 4 grams

What Does It Mean to Manufacture Drugs?

Colorado Springs strictly prohibits the manufacture of any controlled substance unless a person or entity has authority from the government. Most drug manufacturing offenses are committed by people who grow marijuana or make methamphetamine, although the prohibition applies across the board to all controlled substances.

Colorado Springs drug crime attorneys explain that you could be found guilty of manufacturing a controlled substance when you produce it through natural extraction or chemical process. It can also entail packaging or repackaging the drug or labeling or relabeling its packaging.

In most cases, drug manufacturing cases involve several parties but can be against an individual. The penalties upon a conviction are stiff, and it would help to work with experienced drug crime lawyers in Colorado Springs to defend you against the charges.

What Are the Possible Penalties for Drug Manufacture Charges?

Drug manufacturing is charged as a felony. However, it may be a misdemeanor in some cases, for example, if you’re convicted of possessing substances for manufacturing prescription drugs instead of controlled substances. The penalties include:

  • A lengthy prison term of between five years for 50 plants to more than 25 years for more than 1,000 plants
  • Hefty fines of up to $25,000 or more under federal laws

Anyone else arrested at the time of the manufacturing may be charged with conspiracy, even if they were not physically involved in the manufacturing of the drugs.

Drug Conspiracy

A drug conspiracy can be between two or more perpetrators who agree to commit a drug-related crime, which can entail one of the following acts:

  • Drug trafficking: Also known as drug distribution, trafficking involves the sale, transportation, and importation of illegal drugs and controlled substances.
  • Drug manufacturing: Anyone involved in any part of the manufacturing process, such as packaging, can be charged with conspiracy even if they were not physically manufacturing it.
  • Drug selling: Drug crime attorneys in Colorado Springs explain that you can face charges for drug selling if you’re arrested for transferring a controlled substance to another person.

What Does It Mean to Distribute Illegal Substances?

Drug distribution involves transferring or attempting to transfer a controlled substance to another person. The transfer can happen in exchange for money or other form of compensation.

Distribution of illegal drugs takes different forms, such as:

  • Sale: The term sale indicates that you distribute an unlawful substance to someone who pays you for it. A financial transaction is a significant characteristic of the offense of drug distribution through sale.
  • Trafficking: Trafficking involves the transfer of large quantities of a controlled substance to another person. The offense often entails large drug quantities, which is usually a serious offense.
  • Intent to deliver: You will face charges for intent to distribute illegal drugs when you have actual or constructive possession of an illegal substance. However, your intent for possession was not personal use but to transfer to someone else, even though the transfer may not have occurred yet.

What Are the Possible Penalties for Distribution?

The penalties for drug distribution or the intent to distribute depend on several factors, such as the type and quantity of the drug involved. You risk a felony conviction, categorized into classes ranging from Level 4 to Level 1, the most severe charge. Contact skilled drug crime lawyers in Colorado Springs to help you formulate a solid defense strategy.

A Skilled Criminal Defense Lawyer Helping You Navigate Drug Charges

Drug charges can have severe consequences, and an unjust conviction can adversely affect all areas of your life. Knowing the differences between possession, distribution, and manufacture charges is a vital starting point in helping you beat the charges. Criminal defense attorneys in Colorado Springs can provide legal counsel and representation for an outcome that favors you.

The Lux Law Firm is a criminal defense law firm in Colorado Springs. We host aggressive drug crime lawyers who can defend you against drug charges. You need legal experts who can level the playing field for you and fight for the best possible outcome, and we’re here to help. Call us at 719-451-7469 to schedule a FREE case assessment.