PLEASE NOTE: We are offering our clients the ability to meet with us via telephone, video-conferencing, and tele-conferencing. Please call our office to discuss your options.


How can you fight a drug possession charge?

On Behalf of | Sep 16, 2019 | Firm News |

The Maine Criminal Code states that a person that intentionally possesses a scheduled drug or what he or she believes is a scheduled drug is guilty of unlawful possession. Maine’s sentencing for drug charges is dependent on the schedule of the drug, the activity involved and the amount on the person. Schedules are as follows: W,X,Y and Z.

  • Schedule W drugs are oxycodone, cocaine, methamphetamine and heroin
  • Schedule X drugs are hallucinogens
  • Schedule Y drugs are Phenobarbitals, diazepam, codeine and other prescription drugs
  • Schedule Z drugs include all other drugs that do not fit into the above categories

When found in possession of any schedule drugs, the circumstances will lend to the sentencing.

If you have a prescription and a medically valid reason to possess the prescription drugs, you are not guilty of unlawful possession. Prescription drugs are only unlawful if you do not have a prescription and you are not using said drugs for their intended purpose.

Nowadays, officers are strict on the fight against methamphetamine. The precursors to methamphetamine, unfortunately, are over the counter cold medications. If you have a precursor to meth, such as pseudoephedrine to treat your illness, then you can argue that you were not in unlawful possession.

The law opens up the door for a variety of defenses. Keep in mind that to be guilty of unlawful possession, you have to know that the drugs are there. Say, that one of your roommates has controlled substances on the premises or that you are a passenger in a car where drugs are stored, you may have a defense.

The provided information is for educational purposes only and is not intended to be used as legal advice.