There are certain comedy shows that glorify drug usage and possession; in reality drug possession is no laughing matter. The only legal means of drug possession in the U.S. is medicinal marijuana; though the drugs are still against the law in many states. Drug possession is a crime and can have very serious consequences should you be convicted and each state has their own penalty.

Drug possession can be split into two different categories: simple possession and possession with intent. Simple possession means that a person has access to drugs in order to use it for himself while possession with intent is a charge where the person means to sell the drugs for compensation. In order for possession to be proved, the prosecutors must display evidence such as testimony from key witnesses, large quantities of money or drugs, bags of drugs, or scales to package the illicit drugs. In order to present a bong or syringe as unlawful evidence there must be signs of drug use; an example of the evidence needed for a conviction would be residue of drugs inside the syringe. This is lawful based on the Federal Drug Paraphernalia Statute; other evidence that could be used in a court would be keys leading to a vehicle filled with illicit substances.

This December, a 44-year-old man was charged with illegal drug possession when a search dog found marijuana and pot on his person. Allegedly, this man was on his way to visit his 27-year-old son who was serving time due to a sex abuse conviction. For other drug offenses in California, there is another law called restricted dangerous drugs. Drugs that are properly labeled in this category are phencyclidine (PCP) and methamphetamine. The state can also punish convicted criminals for possession of raw ingredients that are used to make illegal drugs. In California, possession with intent may also be referred to as possession for sale as well as purchase for possession to sell.

California's penalties are not a blanket set term. While there are general sentences estimated, the sentence depends upon each case's information before deciding the charge. Possession of marijuana and other drugs merit separate penalties. Possession of marijuana dictates a fine; the more marijuana found on a person the higher the penalty. Any amount over 28.5 grams of pure cannabis is legal grounds for imprisonment and could be ruled a felony. Jail time could include imprisonment form 16 months to three years. The penalty for possession of other drugs varies upon the type of drug, the amount held, and the reason for having it; possession for sale of a different substance other than marijuana may incur a penalty of jail time for a year.

If you have been charged with possession of drugs there are seven defenses that may be used in order to get you an acquittal.

• Unlawful search and seizure;
• Drugs are not yours;
• Crime lab analysis;
• Lack of drug evidence; and
• Entrapment and medicinal uses

According to the Fourth Amendment, all search and seizures must be lawful. This means that drugs that were not in plain sight and that were not extracted with a valid warrant were illegally compensated. If the drug was seen by a police officer in plain sight it is legal for them to confiscate the substance. Another defense is denial of possession. Even if the drugs were found in your car or your house your attorney may point out that they don't necessarily have to be yours. In America, just because you're charged with possession does not mean you're convicted. That is for a jury to decide.

A third defensive tactic could be to have the substance sent to a lab to see if it is what the police say it is, while a fourth tactic may be your attorney pointing out a lack of evidence against the prosecution. If the prosecution is not in possession of the illegal drugs, the case may be easily dismissed. Sometimes a defensive attorney might file a claim that the drugs were planted by a particular officer. The motion must first be approved by a judge. Also, an attorney may be able to prove that officers or informants coerced the defendant into illegal activity. Lastly, a medical reason is valid if the defendant has a medicinal note signed by a doctor. To find out if your state allows medicinal marijuana visit a government website. Also, make sure you choose a lawyer well practiced in criminal defense; their experience is a key element in your trial.