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What is the constructive possession of marijuana?

On Behalf of | Aug 16, 2023 | Drug Crimes |

Did you know you can be arrested and charged with possessing marijuana even if it’s not in your physical possession? Most people think the drugs must be found on your person, such as in your pocket or belongings, to get into legal crosshairs. However, there is more to it.

Constructive possession of marijuana extends beyond mere physical custody. It involves situations where you have knowledge of the presence of marijuana, the ability to control it and the intent to exercise that control. In other words, you could face legal repercussions for marijuana possession if it is within your sphere of control.

Real-life scenarios of constructive possession

Imagine you share a home with roommates, and marijuana is found in a common area like the living room. The drugs may not be in your direct possession, but it can be proven that you were aware of their presence and had the ability to control or access them. You could be charged with constructive possession.

Similarly, if you’re the registered owner of a vehicle in which marijuana is discovered, you could potentially face charges if it’s established that you knew about the drugs being in the car and had the authority to control the vehicle and its contents.

What are the potential penalties?

Usually, the facts and circumstances of your drug offense will determine the legal penalties if convicted. Factors such as the amount of drugs involved, your criminal history and the presence of aggravating factors in your offense will come into play. You could be looking at felony or misdemeanor charges.

Therefore, it is in your best interests to seek informed legal guidance to explore the best defense strategies informed by the particulars of your case.

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