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What you should know about constructive possession

On Behalf of | Sep 4, 2023 | Drug Crimes

Drug possession can lead to serious criminal charges. Someone may be charged with drug possession if they are caught using, selling or making illicit drugs – and that can lead to fines and incarceration. 

But, what happens when the drugs you’re charged with possessing aren’t really yours? While that sounds like an excuse, it does happen quite often. Many people are charged with constructive possession because someone they associate with is a drug user or dealer.

Constructive possession is a legal theory used when someone has knowledge and access to drugs but doesn’t have anything on their person. This can be a complicated theory to understand. Below are several examples of constructive possession:

Living with a friend who uses illicit drugs

Perhaps you live with a friend who uses drugs. One day, the police arrive at your home with a search warrant and they find your friend’s drugs in the living room. Because you knew about the drugs and had access to the living room, the police may assume that the drugs were yours or you had used them, leading to a constructive possession charge. 

Sharing a vehicle with someone who uses prescription meds

You may have recently let a friend use your car. Your friend uses prescription medicine and left their bottle in your car. You found their prescription and intended to return it, but the police pulled your car over and searched it. The police could find the drugs and see that they weren’t under your name, which could cause a constructive possession charge. 

If you’re facing drug possession charges, then you may need to learn your options for a legal defense.