Washington, D.C. criminal defense lawyer Nabeel Kibria talks about the defenses that might be available in a drug case in Washington, D.C. He explains that in any criminal defense case, the available defenses depend entirely on the specific facts and circumstances, as well as what the defendant did or did not do. In certain drug cases, the fact that someone is an addict may help in building a defense, especially when distinguishing between distribution and simple possession for personal use. Distribution charges carry severe consequences, whereas possession is generally treated less harshly.

He further notes that other affirmative defenses may include lack of possession—such as when drugs are found in a vehicle with several occupants or in a home shared by multiple people. In those situations, constructive possession versus actual possession can become central issues. Another possible defense is lack of knowledge, such as when the defendant was unaware of the drugs or if the substances were planted. Ultimately, he emphasizes that defenses in drug cases vary greatly and must be evaluated on a case-by-case basis.