I was arrested for possession of cocaine, but it was just dust residue. Can they do that?
Get Legal Help Today
Secured with SHA-256 Encryption
UPDATED: Jul 15, 2021
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
Maybe not. There is such a thing as the doctrine of “usable quantities” of illegal drugs. Consult an experienced drug lawyer in your area to see if that doctrine is effective in your jurisdiction. It would likely need the services of a defense expert toxicologist to put such a defense in though, and that can be expensive.
The concept is that especially with cocaine, minute particles of it cover so much of modern society, that it should not be used as a basis for conviction if it isn’t even enough to use to get high. The prime example is with currency. Narcotics officers used to testify that finding cocaine residue on money found in a defendant’s possession proves that he was selling cocaine, because they know that dealers usually put their cash drug money in with the drugs. However, one alert defense attorney had random money from the wallets of the judge and court personnel tested and most all of it was contaminated with cocaine. So now, sometimes “non-usable quantities” can be shown to avoid a conviction.