Many people are charged with drug possession. Drug possession happens when someone is caught using, selling or manufacturing illicit drugs, such as ketamine or meth. Someone convicted of drug possession can face severe fines, penalties and jail time.
Someone might face drug possession charges even if they don’t possess, use, sell or make drugs.
Constructive possession is a difficult theory to understand. It may help to read the following examples of how someone might face constructive possession charges:
3 examples of constructive possession
Someone might face constructive possession charges if they share a car with someone who uses illicit drugs. Someone may be driving the car when they are pulled over by the police. If the police have reasonable cause to search the car and find the other driver’s drugs, then it may look as if the current driver was in possession of them.
A person may share an apartment with a friend. The friend may sell illicit drugs. The police could show up with a warrant and find the friend’s drugs in the bathroom or living room. Because the other person could easily access the drugs, they could face constructive possession charges.
Someone may share a gym locker temporarily with a friend. However, the friend uses illicit steroids. If the locker was searched for the drugs, then it may lead to the other person who was sharing the locker. Because they had access to the locker, they may face constructive possession charges.
In any of these situations, the person facing constructive possession charges may need to be aware of the presence of the illicit drugs and have reasonable access to them. People facing criminal charges need to learn about their legal options for a defense.