Drug possession is a serious crime that can lead to incarceration and fines. Actual drug possession occurs when a person is caught with drugs in their pocket, bag or hand, for example. But, did you know that you could face drug possession crimes even if you were not in possession of an illegal substance?
Constructive drug possession is a legal theory that suggests that a suspect had control over illicit substances even if they were not physically on their person. Prosecutors could suggest that you were aware of illicit drugs, had access to them and could possess them at any time.
Sharing a car with a friend
For example, say that you let a friend use your car to pick up prescription drugs. You may have noticed your friend left their prescription drugs in your vehicle. The police could pull you over next time you use your car. During a search, the police may find your friend’s prescription drugs. The police could arrest you for possessing drugs in another person’s name and charge you with constructive drug possession. T
Sharing an apartment
You may share an apartment with a roommate. Say that you noticed that your roommate left some kind of substance in the living room. If the police ask to do a search of your apartment, they may find this substance. As a result, you could be arrested for drug possession even if they were your roommate’s drugs.
Prosecutors may try to charge you with drug possession charges for drugs found in a vehicle or apartment. You may need to seek legal guidance to defend yourself from serious charges in the event that this ever occurs.
