Drug arrests and charges are steadily increasing, and even individuals with a small amount of residue or substance often find themselves arrested. This can be true of something as small as a small leaf in the case of marijuana or the residue left in a pipe in the case of other drugs. Exactly how much of the substance in question must you be in possession of for the police to justify your arrest?

Unfortunately, the answer isn’t a simple or straightforward one. Some case law, for example, shows that the quantity of the drug in question is not important when sustaining a drug possession conviction (Coslett v. State). Furthermore, arrests have been made even when the amount of drug residue in question was so small that it couldn’t even be tested (Walters v. State). It is also worth noting that the drugs do not have to be in a “solid” form, either. In Dooly v. State, for example, the defendant was charged because of cocaine found in the water in their plumbing.

The above might seem to paint a grim picture for individuals facing an arrest, particularly for a substance like marijuana where the odor tends to be what tips law enforcement off. With that in mind, it should be noted that courts have also stated that the odor of marijuana alone does not necessarily provide police with probable cause to pursue an arrest or conviction (State v. Betterton, Boyington v. State).

When it comes to drug charges, the laws can be complex and confusing. That’s why it’s important to reach out to an experienced drug law attorney who can help give you the best chance possible of making it through your charges. The professionals at The Bloomston Firm can help! Our attorneys are experienced with drug charges and will fight to make sure that your rights in court are upheld. Reach out to us today for more information!