Q: can you be prosecuted for trying an illegal substance once (one mushroom) in the past even without physical evidence
i did it a long time ago and only now has anyone heard of it so now i am being threatened with prosecution without physical evidence.
A: Doing drugs is technically not a crime. Possession of the drug is a crime. That being said, if you were on some type of probation etc. that prohibited the use of any drugs then that could stand. Whether or not the prosecutor can prove that you had possession of a controlled substance or if you have any legal defenses requires a detailed analysis of the facts and discovery from the prosecution. You probably want to see about retaining a criminal defense attorney. Don't forget, you have the right to remain silent in the face if any criminal charges.
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