What are common defenses for drug charges?

| by Max Soni

Last Updated on: 26th September 2023, 11:51 pm

What are Common Defenses for Drug Charges?

Being charged with a drug offense can have severe consequences. But there are often viable defenses that can defeat or mitigate the charges. This article examines common legal defenses used to fight drug possession and distribution cases.

Challenging the Prosecution’s Case

One major defense strategy is attacking weaknesses in the prosecution’s evidence and arguments. Examples include:

• Questioning the validity and accuracy of drug testing procedures
• Disputing ownership or connection of the defendant to drugs or paraphernalia
• Arguing the amount of drugs falls below minimum quantity thresholds
• Contesting the defendant’s intent to distribute or traffic drugs
• Raising doubts about the credibility and reliability of witnesses

By undermining the factual foundation of the prosecution’s case, the defense may defeat charges or at least negotiate reduced penalties.

Lack of Knowledge or Possession

Claiming no knowledge of or control over illegal drugs is another common defense strategy. Arguments include:

• The drugs belonged to someone else
• The drugs were left in a vehicle or home unknowingly
• Someone else placed the drugs among the defendant’s belongings
• The defendant had no access to the area where drugs were found

By asserting lack of knowing possession, the defense contests a key element of drug offenses.

Unwitting or Coerced Participation

Defendants may claim they unknowingly or unwillingly participated in drug activities through:

• Being tricked into transporting drugs hidden in vehicles or luggage
• Getting coerced into holding or selling drugs by threats from gangs or dealers
• Having substances secretly placed on them or property without consent

Showing participation was unwitting or forced against the defendant’s will can defeat charges.

Entrapment

Entrapment argues law enforcement induced the defendant to commit drug crimes through:

• Pleas and persuasion to traffic drugs
• Threats or harassment to deal drugs
• Preying on sympathy or friendship
• Providing the drugs or means for the crime

Courts may dismiss charges if police crossed ethical lines entrapping defendants.

Illegal Searches

Challenging unconstitutional searches that uncovered drugs is another defense strategy. Arguments include:

• Lack of probable cause for warrantless searches
• Defects or inaccuracies in warrant applications
• Exceeding the scope of a search warrant
• Violating rights against unreasonable searches and seizures

If a search is ruled illegal, evidence found may be excluded and charges dropped.

Medical Necessity

The medical necessity defense argues criminalizing drug possession violates rights of medical access for:

• Patients treating pain, nausea, or wasting from cancer, HIV, etc.
• Those using substances for PTSD, anxiety, depression, etc.
• People needing medication not legally available or affordable

While limited, this defense contests absolute bans on drug possession in certain medical cases.

Addiction as a Defense

Addiction as a brain disease is rarely an affirmative defense. But arguments may include:

• Addiction diminished intent or free will to commit drug crimes
• Punishment should focus on rehabilitation, not incarceration
• Criminal acts were a manifestation of the medical condition of addiction

This remains an evolving area of criminal justice reform.

Getting Legal Counsel

Skilled drug crimes defense lawyers know how to challenge charges with proven defense strategies. They can identify issues like:

• Illegal searches and seizures
• Unconstitutional statutes and penalties
• Weaknesses in forensic evidence and testing
• Planted or contaminated drugs
• Entrapment by police

An attorney experienced in drug cases can often win dismissals, acquittals, or plea deals to lesser charges.

Conclusion

While drug charges should always be taken seriously, there are ways to contest allegations and avoid harsh penalties. Consulting with a criminal defense lawyer is critical to build an effective defense against possession, distribution, trafficking, and other drug offenses.

References

[1] https://www.kohlerandhart.com/articles/common-defenses-against-drug-possession-charges/

[2] https://www.enkanter.com/article/what-are-common-defenses-against-a-drug-possession-charge

[3] https://www.findlaw.com/criminal/criminal-charges/drug-possession-defenses.html

[4] https://www.kenstoverlaw.com/blog/2022/june/4-defenses-you-can-use-against-a-drug-possession/

[5] https://www.markchildresslaw.com/blog/2023/march/effective-defenses-against-a-drug-possession-cha/

[6] https://files.eric.ed.gov/fulltext/ED311449.pdf