If illegal narcotics were discovered on someone, then they would likely face a drug possession charge. This kind of drug possession charge is considered actual possession and is the most commonly known. Actual drug possession could likewise happen if someone was discovered producing, selling or using drugs or drug paraphernalia.
Another kind of drug possession charge is constructive possession. A constructive possession charge can happen even if illegal drugs aren’t directly on a person. How does this work? Here’s what you should know:
What is constructive possession?
When drugs or drug-related items are discovered in an area that is accessible to several people, it could lead to a constructive possession charge. It’s possible that the defendant doesn’t really own the illicit drugs. However, the defendant might be charged with constructive possession if they were aware of the narcotics and had reasonable access to them.
For example, you could be driving someone else’s car. You are aware that the other person could take medicines that were obtained illegally and keep them in the glove box. If the illegal narcotics were discovered during a traffic stop, you could be charged with drug possession because you have access and control over those drugs.
A drug possession charge carries substantial repercussions, including fines and jail time, which would also impact their future employment, housing and education. A criminal charge shouldn’t have an impact on the rest of your life. When constructing a defense, you might need to learn your legal choices.