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Can you face drug charges if they aren’t in your possession?

On Behalf of | Aug 26, 2022 | Criminal Defense |

If you are accused of possessing drugs but none are found on you, then you might think that you won’t face any consequences. The trouble is that the law allows for something called constructive possession, which means that if drugs are found and you had access to them, then you could be held just as responsible as if you had them on you at the time of a search.

Constructive possession is a somewhat unique issue to think about, because it doesn’t seem like it would be fair to hold someone accountable for drugs that aren’t actually in their possession. However, if you have the key to possession or you stash something trying to show that it isn’t in your possession when it really was, then constructive possession rules could apply.

Examples of constructive possession

There are a few examples of constructive possession to consider.

  1. It may be constructive possession if you were in possession of drugs but quickly stashed them in a friend’s pocket intending to get them back after a security point or stop by the police, for example.
  2. Ditching drugs in bushes outside of a home or hiding them inside your vehicle could lead to constructive possession charges, since you were technically in possession and knew how to get the drugs back.
  3. Having a key to a lockbox or safe that gives you access to drugs could lead to constructive possession charges.

These examples are helpful because they show you how you might be accused of drug possession even though you weren’t technically in possession of drugs. However, one of the greatest factors in these cases is proving that you knew you had the drugs. If someone else stashes them on you and you’re unaware or if someone hides drugs to set you up, then you should not be held accountable.

No matter what kinds of charges you’re facing, if you’re accused of drug crimes, you need to take steps to defend yourself. A good defense may help you protect your rights and freedoms, minimizing the penalties you could face for crimes you don’t believe you committed.

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