What is constructive drug possession?

On Behalf of | Apr 24, 2024 | Drug Crimes

A person who is caught with illicit substances may be charged with drug possession. Drug possession is a serious criminal charge that can lead to incarceration, fines, license suspension and probation. A drug possession charge can leave a lasting stain on a person’s record, which could prevent them from seeking housing, employment and higher education opportunities.

Yet the drugs do not need to be theirs for them to face charges. The police may charge someone with constructive possession if they have control over and knowledge of illegal drugs, even if the drugs belong to someone else.

Examples of constructive possession

Constructive possession can be hard to understand. It may help to read the following examples to learn how someone may be accused of constructive possession:

  • Drugs found in a vehicle: If the police search a car, they may find illegal drugs. These drugs may not be owned by the person who owns the car, but by a person who borrowed the vehicle or traveled as a passenger in it. If the police believe the owner knew about the existence of the drugs, they could charge them with constructive possession.
  • Drugs found in a locker: A person may have shared a gym locker with a friend. This person may know about their friend’s drug usage. If this friend stored illegal drugs in the locker, it could lead to the person who shares the locker with them being charged for constructive possession. They knew about them and had a key to the locker, so had control over them.
  • Drugs found in an apartment: Someone may share an apartment with a friend who deals drugs. If illegal substances were found in a kitchen or living room, it could cause the person who does not sell drugs to face criminal charges as well as the person who owned the drugs facing actual possession charges.

To understand more about constructive drug possession, you can reach out for legal help to learn more.

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