4 Common Drug Possession Defenses

Possession of drugs is a serious charge that can be levied against you. Luckily, most criminal defense attorneys have a litany of defenses that they can employ that might correspond to your current situation. Although, in the latter, drug possession charges differ from state to state, they are all basically the same and most of the defenses here will apply to the state in which you were charged.


One of the most common defenses that a criminal defense attorney will employ is the fact that you did not possess the drugs to begin with. If police officers found your drugs in your apartment or in your vehicle, this does not necessarily mean that you are liable for possession. In fact, a defense attorney will often argue that these drugs did not belong to you in the first place.

Planted Drugs

This particularly defense is used slightly less often than the other defenses listed here for several reasons. First and foremost, a police officer's testimony tends to hold more weight in the sense that it can more easily sway a jury's decision and second of all, a corroborating testimony is not likely to manifest itself, as police officers will often not testify against other police officers. It is still a strong defense, however, as your attorney can file a motion that will allow him or her to review the complaint filed by the officer in question, as well as any other officers that were with him or her during the arrest.

Missing Drugs

In possession cases, the prosecutor must have the drugs in question – which should have been apprehended by police officers at the time of arrest – to make a case. If the prosecutor in question can not provide these physical drugs, the defense can file a motion to have the case dropped. This motion is usually approved.

Lab Analysis

Any drugs that are confiscated by officers during the arrest must undergo a crime lab analysis. It must be adequately proven that substances apprehended during the arrest are in fact controlled substances. If they are not, then a charge of possession cannot be levied against the defendant.

Possession of a controlled substance can be a serious charge if it is levied against you. It can lead to probation and often times, especially if you are a repeat offender, jail time. Luckily, a good defense attorney will know how to employ a defense that is relevant to your current situation.