What you need to know about constructive drug possession

On Behalf of | Apr 3, 2025 | Drug Crimes

Are you facing drug possession charges even though you don’t have any drugs on you? Many people find themselves in similar circumstances, and understanding the basics of constructive possession can be the first step in defending yourself.

In this blog, we’ll explain what this offense means and provide examples to help you see how it might apply to your case. Here’s what you need to know.

What is constructive possession?

Constructive possession isn’t about possessing dangerous substances, it’s about having control over and awareness of the drugs. It means you could be charged with possession even if the drugs weren’t physically on you.

The key factors are whether you knew about the drugs and had control over the area where authorities found them. Here are examples:

  1. Drugs in a car: Imagine you borrow a friend’s car, and cops stop you on the road. If the police find drugs in the vehicle, you could face a constructive possession charge, even if the drugs aren’t yours.
  2. Drugs in a locker: Sharing a gym locker with a friend who uses drugs could put you at risk. If your friend stores drugs there and you know about it, you could face drug charges.
  3. Drugs in an apartment: Living with someone who sells drugs can be risky. If police discover them in common areas like the kitchen or living room, cops might charge you with possession.

If you are facing criminal allegations, it is imperative to have a thorough understanding of constructive drug possession. However, you do not have to confront these charges without support, as qualified legal professionals can provide assistance and guidance. It is critical to recognize that seeking legal advice is vital in getting through this complex situation.

Do you need a defense lawyer?

Constructive drug possession cases often involve complex circumstances, and each situation presents its own distinct set of facts. It is crucial to consult with a qualified legal professional who can assist in developing a robust defense strategy. They can thoroughly examine the evidence against you and challenge the prosecution’s claims.

 

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