Drug possession charges are among the most basic controlled substances offenses. Prosecutors do not need to prove a defendant’s involvement in a conspiracy or an intent to further break the law. They only need to show that an individual possessed a drug that the law prohibits or that is only lawful to own with a prescription.
Actual physical possession provides a clear basis for criminal prosecution. When police officers find drugs during a pat-down search, there is little question who owns them. However, some people face possession charges based on allegations of constructive possession rather than actual possession.
When can prosecutors raise a claim of constructive possession?
Proximity and access can lead to charges
Determining who owns drugs is easy when a person has the drugs in their pocket or purse. Confirming who actually owns the drugs is more difficult when police officers find them in a business, residence or vehicle.
When there are multiple people present who all deny possession of the drugs, prosecutors may pursue constructive possession charges. The evidence needs to support the claim that the person accused had knowledge of the drugs and control over what happened to them.
Forensic evidence, such as fingerprints, could strengthen constructive possession cases. Having keys to a lockbox or being the one closest to the drugs that police officers found could influence who the state alleges possessed the drugs.
Individuals accused of constructive drug possession may need to develop a different strategy than those accused of simple possession. Discussing pending drug charges with an attorney can help people plan an effective response given the allegations against them.