Suspected drug possession: policy, evidence and consequences

Prohibited possession and prosecution policy are different layers

The Opium Act distinguishes substances on different lists and different actions, such as possession, production and trade. It is therefore necessary to know which means and actions are mentioned in the suspicion. The everyday term drug case is too broad to infer a punishment or procedure.

The Public Prosecution Service sets priorities in investigation and prosecution. For certain small quantities for personal use, the policy may be different than for trade. That policy is not an authorization for every use or situation. Compare the concrete discovery with the current official explanation, instead of relying on a general statement from friends.

Tolerance policy is not a general right to property

There is a tolerance policy with conditions for cannabis. These conditions do not provide a general license for other substances, minors, commercial cultivation or transport across the border. Moreover, the rules for a coffee shop are not the same as the assessment of a visitor or an owner of a home.

To prepare your case, it helps to write down three things separately: what did the police find, what action are you accused of and what circumstances does the file point to? This prevents a conversation from getting stuck solely on a quantity while the suspicion also concerns sales, for example.

A discovery still requires proof of involvement

The location of something, who had access, explanations and research into the material may be relevant. In a shared home or car, it is important to explain the facts carefully. This means not coordinating a statement with others, but distinguishing your own perception and uncertainties.

Have a lawyer assess what the criminal file actually contains. An official report can describe an observation, a statement by someone else or a conclusion by the police. These are different types of information. An online calculation based on the word drug possession does not replace that assessment.

What punishment may apply for drug possession?

A drug case can end without prosecution, with a criminal order or with a criminal case before the judge. A fine, community service or prison sentence may be appropriate depending on the proven fact and the circumstances. A prison sentence cannot be imposed by the Public Prosecution Service in a criminal order. The single quantity therefore does not tell you what punishment or settlement will follow in your case.

For the first classification, the substance, the quantity and the distinction between personal use and trade are important. The national government specifies a maximum of 5 grams of cannabis in its tolerance policy for possession of small amounts of soft drugs. That is not a limit that also applies to hard drugs or that makes possession legal everywhere. Trading instructions, other criminal offenses and special circumstances must be investigated separately; do not use a fixed penalty table as if it predicts a verdict.

Preparing for the interrogation starts with the suspicion

If you have been invited or arrested, ask for clarity about your position and the suspicion. As a suspect you have the right to remain silent and to legal assistance. Before the meeting, discuss which questions are open and which documents are available. You do not have to first prove that the case is complicated to ask for a lawyer.

Our explanation of the police interrogation also discusses the statement and checking the report. If you are taking prescribed medication or you think there is a medical context, mention this to the lawyer and keep relevant documentation. Do not draw your own conclusions about its legal meaning.

A drug case can affect several routes

In addition to a criminal case, other decisions may be involved, for example regarding a home or driving license. Each decision has its own sender, basis and way to respond to it. A favorable outcome in one procedure does not automatically end another procedure.

When driving after drug use, the suspicion is different than just possession. Then read the separate explanation about driving license recovery for drugs. Keep all letters separate and note for each letter which authority expects a response. A file overview works better than keeping everything under one drug heading.

Attachment, surrender and return require your own decision

The police may take objects for investigation or another criminal prosecution purpose. Ask for receipt details and keep track of what has been taken. A telephone, money or vehicle is a different category than prohibited substances; the possible decision about it does not have to be the same.

Only sign a waiver if you understand what it reveals and discuss it with a lawyer if necessary. The route for a request or complaint is in seizure and return. A wish to get something back does not mean that the legal conditions for return have been met.

A criminal order requires more attention than just the amount

A case can end in different ways, including a dismissal, punishment order or treatment by the judge. A criminal order is not an administrative traffic fine. Look at the description of the fact, the date on which you became aware of it and the indicated possibility of objection.

Also discuss registration and possible consequences for work. A criminal record and the assessment of a Certificate of Good Conduct are separate subjects. The guide to the criminal order helps you decide whether to pay or resist; that choice must suit your documents and term.

Make the next step concrete

A useful preparation consists of verifiable data, not a self-made penalty prediction. Write down the reason, documents received and the questions you are looking for answers to. Keep your own memories recognisably separate from information you heard later.

Also discuss financing. A different arrangement may apply to an arrested suspect than to a self-selected lawyer after an invitation. The route to a pro deo lawyer helps to ask that question without assuming in advance that all assistance is free.

• Save the invitation, notification and any receipts.
• Note which drug, which quantity and which action are suspected.
• Keep documents about home, driver's license and criminal case separate.
• Discuss legal assistance and costs before the next meeting.
• Have a received punishment order and the response period assessed.