Federal and Colorado State Penalties for Possession of Unprescribed Drugs

As Federal law states: It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by this subchapter or subchapter II of this chapter. What is Possession of a Controlled Substance? Possession of a controlled substance occurs whenever a person owns or otherwise possesses a drug or other illegal substance. These charges usually apply when a person is found carrying marijuana, cocaine, methamphetamine, or other illegal narcotics. It's important to note that some legally available drugs, such as prescription medications, qualify as controlled substances, and possession charges are possible if the person possessing the medication does not have a proper prescription. Knowing. The crime of possessing a controlled substance occurs whenever a person knowingly and intentionally has control of an illegal drug. The prosecution must show that the accused knew that the drugs were illegal. However, prosecutors only have to show that the accused knew the drugs were present and intended to use or control them. Prosecutors can show this from the circumstances of the case, and they do not need to have actual statements from the accused or evidence that the accused ever actually used the drugs. Possession. Possession means that a person has personal and physical control over the illegal substance. Courts have held that a person can have either actual or constructive possession over the drug. This means that a person actually has it in a pocket or otherwise in personal custody, or that the person has control over the drug, such as by having the drugs in a car's glove compartment, a bag, or hidden in the home. Shared possession. A defendant can be convicted of possessing a controlled substance if the prosecutor can show the accused had at