Common Defenses Against Drug Possession Charges in Maryland

 Posted on April 08, 2025 in Drug Crimes

Drug possession is a serious crime. If convicted, you can face jail time, heavy fines, and a stain on your permanent record, but you do not have to fight these charges alone. An aggressive Glen Burnie, MD criminal defense attorney will walk you through how the most common defenses may apply to your case and work in your favor. 

Lack of Possession

According to Maryland law, "possession" can be actual or constructive. Actual possession refers to drugs found directly on you, whereas constructive possession means the drugs were found somewhere that is controlled by you. For example, drugs found in your pockets would constitute actual possession, but drugs found in your car or house would be constructive possession.

If your charges claim constructive possession, you can argue that you did not control the area where the drugs were found or that the drugs found there did not belong to you. For example, if the drugs were found in a home you share with others, the prosecution may struggle to prove that you and not someone else possessed them. 

Illegal Search and Seizure

The most common defense in drug possession cases is unlawful search and seizure. This strategy argues that your Fourth Amendment right to protection from unreasonable searches and seizures was violated during the investigation. If police conducted the search without a warrant or probable cause, the evidence they collected, including the drugs, would not be admissible in court. The only exceptions to the warrant requirement are:

• If the officer observes drugs in plain view, such as in the seat of your car

• If the drugs were found on your person or near you during a lawful arrest

• If there was a risk of evidence being destroyed

If you can prove that the drugs were seized during an unlawful search, the prosecution’s case will be significantly weakened.

Lack of Knowledge

You can challenge the prosecution’s claim that you knowingly possessed the drugs by arguing that you either did not know the drugs were in your possession or that it was illegal to have them. For example, if you were in someone else’s home and they had drugs on the table next to you, or you borrowed someone’s vehicle without knowing that they had drugs in the trunk, you can stress that claim in court.

Entrapment

If an undercover police officer convinced you to buy drugs, entrapment may be a valid defense. Maybe you took possession of the drugs under duress. But proving entrapment can be difficult. It requires evidence that you did not intend to commit a crime before the undercover officer became involved. A knowledgeable lawyer can help you find the right defense strategy for your case.

Schedule a Free Consultation With a Towson, MD Drug Charges Defense Attorney

A drug possession conviction can have severe consequences. Working directly with an experienced Bel Air, MD criminal defense lawyer is the first step in building a strong case to fight these charges. At Seger Law, LLC, we understand the importance of building a robust defense and providing aggressive representation for our clients. If you have questions about a drug possession charge and want to know more about fighting it, call 443-208-4692 to schedule a free consultation today.