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What are actual and constructive possession?

On Behalf of | Apr 17, 2023 | Drug Charges

Someone who is caught with drugs could be arrested and charged with drug possession. Possession, manufacture or distribution or drugs are serious criminal offenses. The charges of drug possession or other criminal offenses of such matter could include incarceration, fees and a permanent criminal record. These charges may increase with a higher drug schedule someone is caught handling. 

Being caught in possession of drugs doesn’t automatically mean someone had drugs on them. An actual possession charge means drugs were found directly on a person – in their hand, pocket, backpack or purse. But, someone could be charged with constructive possession in Maryland if drugs weren’t found on their person.

What is constructive possession? Simply put, constructive possession means that someone had access to drugs. To better understand this, you should continue reading:

How might someone have access to drugs?

A constructive possession charge occurs when, as stated above, drugs aren’t found on someone. Instead, they had to have access to drugs somehow. For someone to be charged with this, they must also have to be aware of the drug’s existence.  

You could take the following example as a better way to understand how constructive possession works. Person A shares a vehicle with someone who deals drugs. The next time Person A goes for a drive, they get pulled over by the police. The police have a warrant on the vehicle and find drugs in the glove box. If person A knows the drugs were there, then they could face a drug charge. 

You could be facing a drug charge and not know how to defend yourself. You may need to reach out for legal help to ensure your life isn’t permanently damaged because of the actions of someone else.