Is The Amount Of Cocaine Or Marijuana Found By The Police A Factor To Be Considered?

Often times, when the police search a car or person, they might find the residue of cocaine, marijuana, or heroin. This will often arise when a police officer finds drug paraphernalia on the defendant or in his or her car. The police will often try to take the residue of drugs that are found and charge the defendant with possession of a controlled substance. What happens if the amount is too small?

The general rule is that the police and State cannot prove that a person possessed a substance if the amount is too small that it cannot be measured. However, if the police find evidence of drug paraphernalia or cutting agents, then that evidence, coupled with the small amount of drugs might be sufficient to uphold the conviction. Courts have held that the fact that the contraband was found in drug paraphernaljia or anything that assists with drug use can be considered evidence of knowing possesion.

If your or a loved one have been charged with a drug crime, contact a Plano drug crimes lawyer.