Drug possession is a serious crime involving someone in possession of illicit substances. A conviction can lead to many years behind bars and high fines. Suspects convicted of drug possession can face a criminal record, which can affect their housing, employment, voting, child custody and education opportunities. People who are not directly in possession of illegal drugs can still face criminal charges.
Constructive drug possession is a legal theory that suggests a suspect was aware of the location and had the potential to acquire illegal substances. This can result in multiple people facing drug possession charges. There are some common examples of people facing constructive possession charges, including:
1. Holding a prescription for a friend
Take, for example, a friend who borrowed a suspect’s car. The friend picked up their prescription drug and left it in the suspect’s car. The suspect found the prescription and was driving it to their friend’s house. While the suspect was driving their car, they were pulled over by the police. The police found the prescription in the vehicle. Because the prescription was not in the suspect’s name, they could face constructive possession charges.
2. Using a shared gym locker with a steroid user
Another example involves sharing a locker at a gym. A friend may have joined the suspect at their gym. The friend shared the suspect’s locker. However, the friend used illegal steroids and left them in the suspect’s locker. The suspect may be aware of their friend’s history of drug use. After a police search, the friend could face constructive possession charges.
People suspected of drug possession should seek legal guidance. Having a strong defense against criminal charges can protect people from incrimination and fines.
