New Hampshire Drug Crime Attorney

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New Hampshire continues to aggressively investigate and prosecute drug-related crimes, from simple possession of marijuana to serious allegations of drug dealing. Such crimes may lead to violation, misdemeanor, and felony charges at the state and federal levels. If convicted, you may face incarceration, fines, and other consequences that could affect you for years to come.

At Shaheen & Gordon, P.A., we will fight to keep your slate clean. Our drug crime attorneys defend clients against charges of possessing or selling a wide range of drugs, from unauthorized prescription medications to marijuana, cocaine, mushrooms, heroin, methamphetamine, and more. We are known throughout Northern New England for our skill in guiding clients through the toughest times of their lives.

Don't take any chances if you've been charged with a drug crime; contact a New Hampshire defense attorney immediately.

How a Drug Crime Lawyer Can Help You

Drug cases come in all shapes and sizes but often begin with a routine traffic stop. If a police officer suspects drug use or possession, they will escalate the stop to search the motor vehicle for marijuana, cocaine, hallucinogens, and other controlled substances. Many will even look for unauthorized prescription drugs.

When defending against criminal charges, the first step will likely be to analyze the legality of the search. Search warrants are required to search a vehicle. There are, however, several recognized exceptions to the search warrant requirement, including consent, plain view, and, in New Hampshire, a tow inventory search. That said, in New Hampshire, a person alleged to be in possession of drugs has standing to contest the search because New Hampshire's constitution is more protective than the United States Constitution in certain circumstances.

Other drug cases surface through more deliberate criminal investigations where police rely on informants, collect recordings and engage in controlled drug buys to collect evidence to support a drug charge. These cases often result in the execution of search warrants in private homes and apartments. Our team analyzes these cases from all angles, evaluating constitutional concerns implicated by controlled drug buys and the searches and seizures that often flow from them.

We also work with our clients to improve our bargaining positions. Sometimes, this means recommending counseling and drug treatment to help a client who struggles with substance abuse. This benefits both the client’s well-being and our bargaining position.

New Hampshire Drug Schedules

Even as our neighboring states relax criminal penalties for drug offenses, New Hampshire has intensified its approach to prosecuting drug crimes. Drug offenses in New Hampshire are set out in the Controlled Drug Act, RSA 318-B, which identifies a number of drug-related criminal offenses arising from the possession, manufacturing, cultivation, sale, distribution, and trafficking of various drugs.

The New Hampshire Department of Health and Human Services has established a schedule of illegal drugs based on their level of danger and potential for abuse.

Prohibited Acts Involving Controlled Drugs

New Hampshire state law prohibits possession, manufacturing, purchasing, administering, and transporting controlled drugs without legal authorization.

In response to the pressure of the opioid, heroin, and methamphetamine crises, law enforcement has been particularly aggressive when pursuing drug cases both in New Hampshire's cities—such as Nashua, Manchester, Concord, Portsmouth, and Dover—and throughout rural regions in Cheshire, Grafton, Coos and Carroll Counties.

Is Marijuana Legal in New Hampshire?

Unlike our neighboring states, New Hampshire has yet to legalize marijuana.

In 2017, New Hampshire decriminalized the possession of a small amount of marijuana: It is no longer a crime to possess less than three-fourths of an ounce of marijuana or, for people over 21, to possess marijuana-infused products, such as edibles. However, possessing more than three-fourths of an ounce remains a misdemeanor. This means that the possession of marijuana remains illegal in New Hampshire. Still, a small amount is no longer considered a criminal offense and is treated, instead, as a non-criminal violation.

It is important to note that decriminalization and legalization are not the same. Decriminalization simply means that certain criminal sanctions have been removed, such as how much marijuana you can possess. Legalization, on the other hand, would mean that marijuana would be available without any legal prohibitions (except for maybe age requirements). If marijuana were legalized, it would essentially be the same as alcohol or tobacco in the eyes of the law. For now, marijuana remains illegal in New Hampshire.

The state continues to aggressively investigate and prosecute the manufacture and sale of marijuana, treating such conduct as a felony offense. Possessory drug offenses may also have serious consequences, such as the loss of federal financial aid for college students convicted of a drug offense during a period of enrollment for which the student is receiving financial aid.

Our lawyers appreciate the rapidly changing culture surrounding marijuana and, at the same time, the severe penalties that continue to apply in New Hampshire. Our drug crime defense lawyers regularly craft creative solutions to avoid convictions, pursuing available diversionary programs to avoid criminal sanctions where possible. Our lawyers are prepared to fight drug possession cases where negotiations falter, regularly asserting factual, constitutional, and common-sense defenses during trial. We take pride in our trial victories and regularly deliver positive outcomes to deserving clients.

Prescription Drug Crimes

More and more, our defense team fights against allegations of prescription drug abuse that surface in a number of settings. Powerful prescription drugs are increasingly available on the street. In other cases, prescription drug fraud leads to criminal charges. Such offenses arise in various settings, including hospitals and doctors' offices where those with access to prescription medications gain unauthorized control over them. For health care providers, diversion cases can lead to criminal charges as well as administrative sanctions such as loss of medical licensing. Our attorneys are experienced in defending criminal and administrative matters arising from drug cases in a healthcare setting.

Why You Should Call Our Firm

At Shaheen & Gordon, P.A., we tirelessly defend criminal cases and take the time to get to know our clients, identify legal and factual issues, and recommend alternatives to harsh criminal sentences. We also regularly take our cases to trial. We are proud of our track record of success, which we have achieved through creative negotiations and earning acquittals after trial.

Members of our criminal defense team have served as prosecutors at the federal, state, and county levels. They have been honored by New Hampshire Super Lawyers®, The Best Lawyers in America© by Best Lawyers®, and New Hampshire Magazine for their skill in defending clients from various criminal charges.

Call (888) 801-9916 today for a confidential consultation with a New Hampshire drug crime attorney! We also accept cases in Maine.