By John Arthur 
You’ve been arrested for a drug charge.
If you’re like most Americans, you know hundreds if not thousands of people who have been on the wrong side of a drug arrest. According to FBI data compiled by NORML, law enforcement made over 831,000 drug-related arrests nationwide in 2024 alone. From meth busts to marijuana convictions, drug charges are unfortunately very common.
Something like this is overwhelming.
When you’re suddenly faced with a drug charge, it’s hard to know what to do. One wrong move and you could wind up spending months or years in prison.
But here’s the good news.
Drug charges aren’t automatic convictions. A lot of drug charges can be fought with the right drug charge defense lawyer.
But in order to know how to fight for your rights, you’ll first need to know how drug defenses work.
Contents
- Drug Charges Are Not Automatic Convictions
- Learn About The Most Common Drug Charge Legal Defenses
- Learn How Evidence Gets Thrown Out
- Learn What To Look For In A Defense
Drug Charges Are Not Automatic Convictions
Before jumping into legal defenses. Let’s get one thing straight.
Just because you’ve been charged with a drug crime doesn’t mean you’ll be convicted.
The police can arrest someone if they believe a crime was committed. But the prosecutor still has to prove you’re guilty beyond a reasonable doubt.
And there’s a lot they’ll have to prove.
Prosecutors will have to provide solid evidence you broke the law. From witness testimony to physical evidence, everything they bring to trial will be scrutinized.
Cross one box off your list of worries.
Just because you were arrested doesn’t mean you’ll be convicted. But in order to avoid conviction, you need to know your options.
Learn About The Most Common Drug Charge Legal Defenses
Drug cases are unique. Every scenario is different. And the circumstances of your arrest will determine which legal defenses apply to you.
However, there are some defenses that are used more frequently than others. Let’s take a look at them now.
Illegal Search and Seizure
If the police conducted an illegal search of you, your vehicle, or your home, any evidence they find may be deemed inadmissible in court.
How do you know if a search was illegal?
The Fourth Amendment to the United States Constitution gives you the right to be free from unreasonable searches and seizures.
Essentially, this means police need probable cause to search you and your property. If they didn’t have reason to search, then any evidence collected could get thrown out of court.
Lack of Possession
If you were charged with possession of drugs, prosecutors have to prove that you were in possession of said drugs.
For example, if marijuana is found in your car but you weren’t driving it, you may be able to argue you weren’t in possession of marijuana.
Things like knowledge of drug location and intent to distribute all factor into drug possession charges.
Entrapment
It is illegal for law enforcement to incite someone to commit a crime they otherwise wouldn’t have committed.
There is a fine line between entrapment and not.
Let’s say an undercover officer offers to sell you drugs. If you didn’t intend on purchasing drugs before speaking to the officer, you may be able to use entrapment as a defense.
But if you were already looking to purchase drugs before speaking to the officer, entrapment would not apply.
Chain of Custody
You have a right to know where your seized evidence is at all times.
Once police seize drugs during an arrest, they’ll have to submit that evidence to the crime lab.
There’s a specific process that needs to be followed.
Anyone who interacts with the evidence needs to document it. From collection to storage and testing. Small mistakes during this process can lead to a dismissal of charges.
Lack of Knowledge
If you were charged with possession, the prosecution has to prove you knew you possessed drugs.
Let’s say drugs were found in a backpack you borrowed from a friend. If you weren’t aware those drugs were in your backpack, you may be able to argue you had no knowledge of possession.
Learn How Evidence Gets Thrown Out
Did you know that most drug arrests are for possession only?
According to the Drug Policy Alliance, over 85% of drug arrests are for drug possession only. This means that in the majority of drug arrests, law enforcement only had one opportunity to gather evidence.
One. Opportunity.
If they mess up during a search, or the search was conducted illegally, there’s no backup plan. When it comes to evidence collection during drug arrests, there is very little room for error.
This is why illegal searches are one of the most common defenses.
But illegally obtained evidence is just the tip of the iceberg.
Say an officer pulls you over for rolling through a stop sign. During the stop, they become aware of marijuana in your vehicle and proceed to search you.
If the officer didn’t have reason to believe you were under the influence, that traffic stop could be seen as unlawful.
Simply put, any procedural mistake during a drug arrest can be used against the prosecution.
Learn What To Look For In A Defense
As mentioned before, every drug case is unique.
But whether you were caught with drugs during a traffic stop or found marijuana growing in your backyard. There are certain things you should look for in your defense strategy.
A thorough investigation.
Your lawyer should investigate every angle of your arrest. From how the stop was conducted to how your evidence was obtained.
A willingness to challenge evidence.
If your attorney is too lazy to file a motion to suppress illegally obtained evidence, they’re not going to help you.
Alternative solutions.
In some cases, drug charges can be reduced or dismissed if you’re a first-time offender.
You should learn about your options early on in your case.
The Bottom Line
When it comes down to it, drug defenses aren’t all that complicated.
The police and prosecutors follow specific rules when arresting and charging someone with a crime. When those rules are broken, you have every right to fight back.
Let’s recap real quick.
- Drug charges are not automatic convictions.
- Police need a warrant or probable cause to search you or your property.
- Illegal search and seizures can get evidence dismissed.
- Lack of possession, entrapment, and chain of custody are all defenses you can use.
- An effective defense strategy will look for every opportunity to challenge the prosecution.
Getting arrested for a drug charge is scary, but don’t sweat it.
Now that you know the basics of legal defenses, you can focus on protecting your future.