Constructive vs. Actual Possession of a Controlled Substance

            Controlled substance violations are among the most common of crimes committed in our society - everything from possession to manufacture to delivery.  Regardless of your views about the legalization of certain substances, the fact is that drug convictions can have a serious impact on one's future ability to find success in life.

           

            Nowhere is the criminal justice system more complex than when it comes to its treatment of drug crimes.  The level of the offense (whether misdemeanor or felony) and the length of the possible sentence vary depending on the kind of substance involved, the amount of the substance in question, and the number of prior convictions a Defendant has.

            Most of us understand "possession" to mean physical, actual, control of something, such that to be in possession of a controlled substance the accused must have it somewhere on his person.  However, that is NOT the case.

            Imagine you are the passenger in the backseat of a car.  Your friend is driving you home from school, and there are three other people in the car with you.  Your friend gets pulled over for speeding, and during the process of the stop, the officer asks if he can search the vehicle.  Your friend consents.  While the officer is searching, he finds a baggie of marijuana in the backside pocket of the passenger seat - the seat you were sitting behind.  The officer asks who it belongs to.  You say it's not yours, because you really didn't know it was there.  Your friends all say it's not theirs either.  You are likely to be charged with possession.

            Why? How is that possible if you weren't in actual possession of the weed?  Because of the doctrine of constructive possession.  Using the doctrine of constructive possession, the State seeks to infer ownership of the drugs based on the circumstances surrounding its finding.  Simply put, because you were closest to it, the State is going to ask a jury to conclude that means it was yours.

             If you, a family member, or a friend have been charged with possession, whether actual or constructive, you are strongly encouraged to contact my office for a free, initial consultation.  Don't let being in the wrong place at the wrong time ruin your life.  Contact JHD Law today at (515) 875-4818, www.jhdlawfirm.com, or via Twitter @jonahhammerdyer.