A person could face being charged with drug possession even if they were not physically in contact with an illicit substance. Prosecutors may do this by using a legal theory called constructive drug possession.
Unlike actual drug possession, constructive drug possession implies that a suspect was aware of illegal drugs and could reasonably access the substance. Here are a few examples to better understand constructive drug possession:
3 examples of constructive drug possession
Constructive drug possession is a legal theory that can be difficult to understand. Here are some examples of how constructive possession occurs:
- Drugs in a car: An illegal drug may have been left in the drink holder of a car. If the police search the car and discover the substance, they may charge the driver and passengers in the car with drug possession because they had reasonable access to the drugs.
- Roommate’s drug use: A roommate may have been using a drug in the living room. During a police search, they may arrest every occupant in the apartment or house with drug possession because the substance was left in a common room.
- Drugs left in a locker: A person could share their gym locker with a friend. The friend may have left illegal steroids in the locker. The owner of the locker could face drug charges for the illegal steroids because they could access the locker at any time.
What would happen if someone was caught with illegal drugs? They could face a criminal conviction, which often includes prison time, fines and probation. Worse, once convicted, they may also face difficulties applying for housing, jobs and education opportunities. Legal guidance can help people defend against constructive drug possession charges and protect their future.