The State must prove the crime of possession of a narcotic drug:
- The accused knowingly possessed a narcotic drug and
- The substance was a narcotic drug
- The purpose of the possession must be for sale.
Sale means an exchange for anything of value or advantage. An exchange of money for drugs is not necessary as long as the exchange has value. This means anything may be exchanged for drugs at anytime.
Penalty for Possession of Narcotic Drug For Sale
- This offense is a class 2 felony
Defenses for Possession of Narcotic Drug For Sale
Possible defenses to this charge include:
- Not guilty
- Drug not for sale
- Not a narcotic drug
- No knowledge of drug
- Mistaken Identity
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