Possession of certain illicit drugs violates federal and state laws. While drug possession laws vary widely from state to state, the elements of the offense are generally the same. Prosecutors must be able to prove beyond a reasonable doubt that the defendant knew the drug in question was a controlled substance, and that he or she knowingly had possession of, or control over, the drug. This may also include what is known as “constructive possession,” or access to an illegal drug. Such charges may be filed against one or more individuals who have keys to a van filled with narcotics, for example, rather than actually holding the drugs on their person.
Drug possession laws generally fall into one of two main categories: simple possession (for personal use) and possession with intent to distribute. The latter category typically carries much stiffer penalties upon conviction, as compared to simple possession, in the interest of both punishing and deterring drug dealers. To prove possession with intent to sell, prosecutors may present evidence such as digital scales, baggies, large quantities of the drug, large amounts of cash in small bills or testimony from witnesses.