Drug possession is a crime. Depending on the type of drug and other factors, possession can lead to either misdemeanor or felony charges.
State prosecutors accusing people of violating controlled substances statutes often make claims of either actual possession or constructive possession. The end result is the same criminal charge and the same potential penalties.
However, the evidence needed to secure a conviction and the defense strategies available to the defendant differ depending on the type of drug possession the state alleges occurred. Defendants generally need to understand the difference between constructive and actual drug possession if they want to avoid a conviction.
Actual possession is physical possession
A large portion of drug charges result from allegations of actual possession. Police officers find controlled or prohibited drugs on a person. People may hide drugs in their pockets or in their shoes. They may have drugs in a purse or backpack. Some people go so far as to hide drugs inside their bodies. Actual possession involves having immediate physical control over the drugs.
Constructive possession is different. Police officers found drugs in a vehicle, a workplace or a residence. No one present admits to owning the drugs, so the state investigates.
Claims of constructive possession rely on proof that the accused individual was aware of the drugs and had control over what happened to them. Defense strategies in constructive possession cases may focus on questioning an individual’s connection to the drugs or showing that another person likely owned them.
Those hoping to fight pending drug charges need to develop a custom strategy based on their circumstances. Learning more about state drug statutes is an important step when responding to criminal accusations.