• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Gardner & Mendoza, PC

Award Winning Immigration Law Firm

Call Now To Schedule Your Consultation (757) 464-9224
Contact Us

Main navigation

  • Home
  • About Us
    • Our Story
    • Our Attorneys
      • John Gardner
      • Radlyn Mendoza
      • Sarah K.F. Lollar
      • Domini Samson
    • Our Star Staff
    • Job Openings
  • What We Do
    • Marriage & Fiance Visas
    • Family-Based Immigration
      • I-130 Petition For Your Family Members
      • EB-5 Investor Visas for Families
      • R-1 Religion Visas for Families
    • Citizenship and Naturalization
    • Green Cards
      • Green Card Renewal
    • Employment-Based Immigration
    • Military Immigration
    • Adjustment of Status
    • Business Immigration
    • DACA (Deferred Action for Childhood Arrivals) Immigration Service
    • Criminal Immigration
      • Marriage Fraud
    • See All Immigration Services
  • Information
    • Visa Processing Times
    • Immigration Blog
    • Immigration Visa Overview
    • Different Immigration Visas & Forms
    • Newsletters
    • Immigration Video Library
    • Photo & Video Gallery
    • Pay Your Bill
  • Testimonials
  • Contact
  • En Espanol
  • Home
  • About Us
    • Our Story
    • Our Attorneys
      • John Gardner
      • Radlyn Mendoza
      • Sarah K.F. Lollar
      • Domini Samson
    • Our Star Staff
    • Job Openings
  • What We Do
    • Marriage & Fiance Visas
    • Family-Based Immigration
      • I-130 Petition For Your Family Members
      • EB-5 Investor Visas for Families
      • R-1 Religion Visas for Families
    • Citizenship and Naturalization
    • Green Cards
      • Green Card Renewal
    • Employment-Based Immigration
    • Military Immigration
    • Adjustment of Status
    • Business Immigration
    • DACA (Deferred Action for Childhood Arrivals) Immigration Service
    • Criminal Immigration
      • Marriage Fraud
    • See All Immigration Services
  • Information
    • Visa Processing Times
    • Immigration Blog
    • Immigration Visa Overview
    • Different Immigration Visas & Forms
    • Newsletters
    • Immigration Video Library
    • Photo & Video Gallery
    • Pay Your Bill
  • Testimonials
  • Contact
  • En Espanol
Call
Contact
Blog

What are the Different Classes of Drug Possession?

Post Courtesy of Arizona Criminal Law Team

Willfully possessing illegal controlled substances is considered a crime under both federal and state laws. If you or a loved one gets arrested for drug possession, the first and most important thing that you should do is hire a criminal defense lawyer immediately.

Post image75

State and federal laws may vary in certain aspects, which is why what constitutes drug possession depends on the state where the crime was committed, as well as on other factors such as the type and amount of drug found in your possession. With a criminal defense attorney on your side, you should be able to understand your legal situation and be able to prepare to defend yourself in court.

Types of drug possession

A person can be arrested for possession of a controlled substance if the authorities determine that he or she has the ability to control the drug. There are two types of drug possession: Actual Possession and Constructive Possession.

If the law enforcement officer found the controlled substance inside your pants pocket, then you have committed actual possession. Sometimes referred to as “possession in fact,” actual possession is defined as having immediate physical contact with the drug. This is often the case if drugs are found on the person.

Constructive possession, on the other hand, occurs when the drug is not found on the person but is found on or around the person’s property. It’s also called “possession in law,” which implies the person has knowledge of the presence of the substance on his or her property and has the ability to control it. With constructive possession, more than one person can be charged with possession of the same drug.

Drug Possession: Misdemeanor or Felony?

Whether a person caught possessing a controlled substance will be charged with a misdemeanor or a felony can depend on the following factors:

Type of Drug: In some states, getting caught with marijuana means being slapped with a misdemeanor charge. There are even states that punish marijuana possession with a simple traffic citation. However, you could get charged with a felony if the drugs involved are more serious drugs like heroin, crack cocaine, or crystal meth.

Amount of Drug: The higher the amount of drugs found in your possession, the higher the likelihood that you will be charged with a felony. Most state drug laws have set minimum amounts of drugs caught in an individual’s possession that will merit a felony charge. However, people caught with possessing small amounts of drugs and common materials used for selling drugs, such as digital scales or plastic bags, will probably be charged with possession with intent to distribute, and that is a felony.

Intent: People caught with small amounts of drugs are often charged with a misdemeanor once it’s determined that they’re just for personal use. Felony charges are typically for those caught in possession of a controlled substance with the intent to distribute.

Being charged with possession of a controlled substance is not to be taken lightly. If you’re facing drug possession charges, waste no time in getting the services of a good criminal defense lawyer to help you prepare a comprehensive defense in court.

If you have been charged with drug possession, contact us or call us today for your free consultation at (757) 464-9224.

Related posts:

  1. Watch Out for School Buses and School Zones
  2. Citizenship Day 2019
  3. Get Peace of Mind with Gardner & Mendoza
  4. One Good Reason You Need to Lawyer Up

Filed Under: Immigration Blog Articles

Primary Sidebar

Get Help Now

Contact Us

Practice Areas


  • Family Immigration

  • Citizenship &
    Naturalization

  • Military Immigration

  • Business Immigration

  • DACA


  • Processing Times

  • Other Immigration

Testimonials

Well, hard to believe… job done! I’m frank to admit I had no idea that it would be so involved compared to 10 years ago when I did the renewal myself. Happily I was fortunate enough to find the best people to help get it done this time. When I was a working stiff it was mostly as a field guy in sales & marketing. High tech communication in those days was a pay phone in customers’ lobbies, so someone back in the office skilled in dealing w/problems was absolutely essential when I couldn’t be contacted. Most of those who supported me that way were good at what they did, some were outstanding. None were better than you!! This tedious & sometimes worrisome process would have been unbearable without your keeping it, & me, on track. So we want to extend our thanks to you and Radlyn. Hoping for Gardner & Mendoza to continue the good work for many years to come. - Anonymous
Gardner and Mendoza Law Firm is a great law firm no matter what kind of situation you may be in! For example I had court today, John Gardner, my attorney represented me today and got the charged dismissed totally the first time we both appeared in front of the judge in Virginia Beach Traffic Court. He uses every bit of knowledge he can to help you get the best results!! He also works very well with Latinos! They have a Spanish speaking person in their office at all times!! - Sebastian
My husband and I had a great experience with Mrs. Mendoza. She provided excellent information and a sense of urgency with every step of our immigration process. Her team was always supportive in getting us the information we needed throughout the whole process. This legal firm also treats their clients with the highest levels of respect. In all of Virginia I would say that the Gardener & Mendoza team is the best recommendation for same sex immigration cases and for immigration cases in general. It was a pleasure to work with them. - Anonymous
I Highly Recommend Radlyn Mendoza, An Excellent Immigration Lawyer. My wife and I were very worried about my wife’s immigration and legal status. We were quite impressed with Attorney Mendoza during our initial consultation. She proved to be a smart, knowledgeable, and very capable immigration attorney. She and her staff were very helpful and responsive to all of our requests. Kudos to her and staff, especially Leesa, for successfully handling our case. Thanks for a job well done. - Thomas and Cheong W.
My daughter received a reckless driving ticket going 60 in a 35 mph zone, so understandably, I was very concerned. In court, Mr. Gardner was able to get the reckless driving charge and ticket completely dismissed due to his knowledge of what the police officer had to present in court. Mr. Gardner was a familiar face to the judge and the clerks in the Virginia Beach courthouse. When we contacted John Gardner’s office at Gardner & Mendoza, he and his staff made us feel comfortable by explaining the whole process to us. His track record and the reviews online helped make the decision to choose Mr. Gardner over other attorneys easy. I highly recommend Mr. Gardner. He gave us peace of mind and won the case too! - Michelle

Recent Posts

  • What to Expect from Immigration Policy Under the Trump Administration: Real Talk
  • Can Permanent Residents Register to Vote? USCIS Policy Alert 2024
View More Posts

Footer 1

Get Help Now

Please fill out the short form below & we’ll tell you how we can help.


Footer 2

Contact Us

Gardner & Mendoza, P.C.
909 First Colonial Rd., Suite 100
Virginia Beach, VA 23454
  • 757-464-9224
  • 757-561-0999
Speak To a Lawyer Today :

Our main law office is conveniently located in the Hilltop section of Virginia Beach, near Sentara Virginia Beach General Hospital and Oceana Naval Base.

Job Openings

Footer 3

Our Lawyers

  • John Gardner
  • Radlyn Mendoza
  • Sarah K.F. Lollar
  • Domini Samson

Our Services

  • Change of Status
  • Family Immigration
  • Citizenship & Naturalization
  • Military Immigration
  • Business Immigration
  • DACA
  • Processing Times
  • All Immigration

Footer 4

Facebook Pagelike Widget

Connect With Us

  • Facebook
  • LinkedIn
  • Twitter

Footer 5

Accepted Payment Methods

© 2025 Gardner & Mendoza, P.C. | All rights reserved | Disclaimer