Category:Drug Crime

Possession of a "Controlled Substance"

The State must prove 3 elements:

1. You possessed the drug. This means that you had the drugs under your "actual physical control." Be aware that this includes any areas that you have actual control or [that you] "intend to exercise control." Also, two people may have possession of the same item at the same time.

2. The substance is a drug ("controlled substance"). The State substantiates this by expert testimony with witnesses from the State crime lab who tested it to see if it was actually marijuana, cocaine, heroin, etc.

3. You knew the substance was an illegal drug. This element of knowledge is fundamental in any criminal charge. There always must be some actual "knowing" that you were breaking the law.

Possession with Intent To Deliver

The State must prove 4 elements:

1. That you "possessed" a controlled substance. This is the same test as the charge of simple possession.

2. That it was, in fact, an illegal drug.

3. That you knew or believed it was an illegal drug.

4. That you "intended" to deliver it to someone. The jury will be instructed that: ""Deliver" means to transfer or attempt to transfer from one person to another. "Intended to deliver" means that the defendant had the purpose to deliver or was aware that (his) (her) conduct was practically certain to cause delivery." Again, the jury can look to your "acts, words, and statements, if any, and all of the facts and circumstances" when deciding your innocence or guilt. Also, they may consider the quantity and monetary value of the drug.

Drug Conspiracy

The State must prove 3 elements:

1. That you were a member of a conspiracy to commit a crime (which will also be charged).

2. That the underlying crime (drug delivery, etc.) was committed in "furtherance" of the conspiracy.

3. That, under the circumstances, the crime you are charged with was a natural and probable consequence of the crime you intended to commit.

Delivery of a Controlled Substance

The State must prove 3 elements:

1. That you delivered a controlled substance (drug). "Deliver" means to transfer, or attempt to transfer, something from one person to another.

2. That the substance was a drug.

3. That you knew or believed that the substance was a controlled substance (a drug)

Prescription Drugs Fraud