DC Criminal Lawyer

Attorney David Benowitz

DC Drug Lawyer

A Washington DC drug lawyer will help guide you through the criminal justice system. Following is the basic information you would need if facing a drug possession charge in Washington DC.

In Washington DC, it is unlawful for any person to knowingly or intentionally manufacture, distribute, or possess, with intent to manufacture or distribute, a controlled substance. A person cannot knowingly or intentionally possess a controlled substance in Washington DC unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice. Possession of a controlled substance carries a potential sentence of 180 days in jail and/or a $1,000 fine. Depending on the amount and type of the controlled substance at issue, a conviction for possession with intent to distribute or for distribution of a controlled substance in Washington DC can carry a sentence of up to 30 years in prison and/or a $500,000 fine.

The term “controlled substance” in Washington DC means a drug or other substance, or immediate precursor, included in specified statutory schedules. The term controlled substance, however, does not include distilled spirits, wine, malt beverages, or tobacco. In a prosecution for unlawful possession of a controlled substance in DC, the government has to establish two elements: the nature of the substance and possession by the defendant. Possession in Washington DC is defined in terms of personal custody and control. The government may establish that possession is either actual or constructive.

Actual possession in Washington DC means that the substance is in the physical custody of the person charged with possession (i.e. in the person’s pocket or hand), while constructive possession in Washington DC means that the goods are not actually or physically possessed, but that the person charged has dominion and control over the goods.

DC Criminal Lawyer DC Criminal Lawyer DC Criminal Lawyer DC Criminal Lawyer

DC DUI and Criminal Lawyer Blog

The Law Office of David Benowitz
406 5th Street, N.W., Suite 200
Washington, D.C. 20001
(202) 529-9374
info@dui-dc.com
Disclaimer
Please call for a free consultation (202) 529-9374