03 Oct 23

What are common defenses for drug possession charges?

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Last Updated on: 28th October 2023, 10:34 pm

Fighting Drug Charges: Stuff That Can Help You Win

Getting busted with drugs suuuucks. One minute you’re just chilling with your homies, the next there’s cops everywhere and you’re getting slapped with drug charges. Not cool. But don’t freak out! There’s things you can do to help your case. I’m gonna break down some of the main defenses lawyers use to fight drug charges and get charges lowered or dropped.

The Drugs Ain’t Mine!

This is probably the #1 move for any drug charge. Just be like nah, those drugs aren’t mine, I didn’t know they were there! This works best if other people had access to where the drugs were found. Like if the cops found a bag of weed in your car that your little brother borrowed last weekend. Or they found pills in your jacket pocket that actually belongs to your roommate. As long as there’s some reasonable doubt about who the drugs belonged to, your lawyer can argue they ain’t yours.

Illegal Search

Cops need a good reason to search you or your stuff. They gotta have probable cause, like they saw you doing a drug deal or smelled weed coming from your backpack. If they search you or your property without good cause, that’s an illegal search bro. Anything they find gets thrown out as evidence. Then the prosecutor’s got nothing on you.
But if you gave the cops permission to search or the drugs were just sitting out in plain view, then it was a legal search and this won’t work. Gotta look into the details of how the search happened.


Sometimes the cops try to trap you into committing a crime you wouldn’t normally do. Like if an undercover cop kept pressuring you to sell them drugs even though you said no at first. Or if they threatened you to make a drug deal. That’s entrapment. It’s not fair for cops to force you into doing illegal stuff.
If your lawyer can prove entrapment, the charges will probably get dropped. You were just an innocent lamb led astray! Baaa!

Question the Drug Tests

How do the cops even know that bag they found was weed or coke or whatever? They gotta test that stuff in a lab to prove it’s an illegal drug. But labs screw up sometimes. Or maybe they didn’t follow the right procedures when testing the drugs.
Your lawyer can look closely at the lab tests for any flaws or sketchy stuff. If the testing process was messed up, it could get the drug evidence thrown out. Then the prosecutor’s got nothing on you again!

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I Didn’t Know!

To convict you of drug charges, the prosecutor’s gotta prove you knew the drugs were there. But maybe you really didn’t know! Like what if your buddy left a bag of pills under the seat of your car without telling you? Not your fault you didn’t know they were there!
If your lawyer can show you had no clue the drugs were in your possession, that’s a solid defense. The prosecutor can’t prove you knowingly had drugs.

Medical Weed

If you got busted with some bud in a state where medical marijuana is legal, just show your medical marijuana card! As long as you got it from a licensed dispensary for a legit health condition, then you’re all good. Smoking that medicinal reefer is A-OK.

Not Enough Evidence

At the end of the day, the prosecutor’s gotta have solid evidence to get a conviction. But if the cops lost the drugs before the trial, or they handled the evidence all sloppy, the prosecutor might not have enough to convict you. No drugs = no case!
Your lawyer can also question the drug testing process to create more doubt about the evidence. Weak evidence can equal dropped or reduced charges.

Didn’t Read Me My Rights!

When the cops arrest you, they gotta read you your Miranda rights, including the right to remain silent. If they don’t, your lawyer can get any confession or statements you made thrown out.
If the cops messed up reading you your rights, it can really hurt the prosecutor’s case. Anything you said to the cops can’t be used against you no more.

Get a Good Lawyer!!!

I know I said a lot of stuff about lawyers here. But it’s true – having a kickass lawyer who knows how to fight drug charges is soooo important! They can investigate your case, dig up issues with the evidence and search, and get charges lowered or dismissed.
Don’t try to handle drug charges alone. The law is complicated yo. Get an experienced lawyer on your side ASAP. They’ll defend your rights and freedom, no doubt!

Wrap Up

So those are some of the main ways lawyers beat drug charges. Every case is different tho. A good lawyer will look at the details of your case and figure out the best defense tactics. But you gotta fight the charges – don’t just accept them! Hire a lawyer you trust to stand up for you in court. Your future depends on it. Peace out!