Possession of a controlled or narcotic drug is defined in New Hampshire criminal law by RSA 318-B:2 while the penalties are defined by RSA 318-B:26. The penalties can vary widely depending on the type and quantity of drug possessed. There are many different drugs that are illegal to possess – some of which are never legal and others that are legal only if properly prescribed. Many are surprised to learn that mere possession of very small amounts of virtually any illegal drug other than marijuana is a felony carrying the possibility of prison time. The New Hampshire Supreme Court has held that any measurable amount of a substance is sufficient.
To prove possession the prosecutor can prove either actual possession or constructive possession. Actual possession is when the defendant knowingly has the drug on his person. Constructive possession can be proven if the defendant controls an area, such a house or a car, that has drugs in it and the circumstances are sufficient to prove that the defendant knew that the drugs were present.
If the defendant is under the age of 21, a drug related conviction can result in suspension of his/her drivers license.
If you or someone you love has been charged with possession of drugs, don’t wait — the criminal defense attorneys at Cohen & Winters can help you. Contact us for a free consultation of your case.