If illegal drugs are found on someone’s body or they’re caught using or making drugs, then they would be charged with drug possession. A drug possession charge is a serious offense that can lead to serious implications, such as fines and incarceration. A drug possession charge would also follow someone for their life and affect their education, housing and employment.
Sometimes people have been charged with drug possession even if they aren’t in possession of illegal drugs. This can happen because of constructive drug possession. What is constructive drug possession?
Constructive drug possession may be brought up during prosecution against people who are believed to have access to drugs or drug paraphernalia. The defendant may not physically have the drugs on their person. However, if the defendant knew about the drugs and had reasonable access to them, then they could be charged with constructive drug possession.
Constructive possession is a tricky topic to understand. Reading the following examples may help you better understand how it works.
Drugs found in a vehicle
You may share a vehicle with someone. The other person may use illegally obtained drugs and store them in the glove compartment. During a traffic stop, the drugs were found, and you were arrested for drug possession.
Drugs manufactured at home
Your housemate may make and sell drugs. This has never been an issue for you as long as they pay their share of the rent on time. That was until the police showed up at your home with a search warrant and found the drugs in an easily accessible room.
Drug paraphernalia in a shared backpack
You may have borrowed a backpack from someone you know. You open it to find that your friend left behind a tool for drug use. During a search of your backpack by police, the tool was found and you were arrested for possession of drug paraphernalia.
You shouldn’t let a criminal charge affect the rest of your life. It’s wise to determine your legal options.