A guest, family member or spouse might bring drugs into your home. While police generally need a lawful basis to conduct a search, you cannot rule out the possibility it might happen to you. Officers may search your house for drugs if they have probable cause to do so, or if they have a warrant. If they discover any drugs, you might wonder if you will face any consequences – even if you know for a fact that the drugs do not belong to you.
With this in mind, it is important to know how the state defines possession of a controlled dangerous substance and related offenses.
How does Maryland law define possession?
Maryland law makes it a crime to possess controlled dangerous substances under Maryland Code, Criminal Law Section 5-601. The law also prohibits possession of drug paraphernalia, which includes items such as marijuana pipes and grinders.
If the authorities catch you with drugs or drug paraphernalia, you may face charges for two types of possession. The first type, known as actual possession, means you have the drugs on your person, such as in your pocket or bag. On the other hand, the second type, known as constructive possession, means you know the drugs are present and you exercise dominion or control over them, even if they are not currently on your person.
Police must have probable cause to arrest you for possession. They look at the total circumstances to decide whether you knew about the drugs and have the ability to control them.
Can having drugs in your home lead to an arrest?
If officers find drugs in a space you control, they may suspect constructive possession. Examples include:
- A bedroom
- A drawer or closet with your personal items
- A common area you manage, such as the living room
- An area where drugs sit in plain view near your belongings
Your name on the lease does not automatically prove possession. Still, control over the space, combined with evidence of knowledge, can support an arrest.
Which factors do the police consider?
Officers and prosecutors often rely on circumstantial evidence. To aid them in their investigation, authorities often focus on:
- Location and access: Who controls the area where they find the drugs
- Visibility: Whether you could see the drugs
- Statements and conduct: What you say and how you act during the search
- Drug-related items: Packaging, scales, cash, incriminating messages or drug paraphernalia.
In the event the police arrest you for drug possession, your words can strengthen or weaken a case about knowledge and control. This can happen even if you know that the drugs are not yours.
What should you do if drugs appear in your home?
Officers in Maryland can arrest you if someone brings drugs into your house. They may also conduct arrests if their investigation reveals or suggests that you knew about the drugs and had control over them.
If drugs appear in your home without your consent, it is important to refrain from touching or disposing of them. This can tamper with the evidence and your fingerprints might make you look guilty. Instead, contact local authorities or seek legal guidance.
Many people who encounter drugs in their homes but do not know how to proceed also contact attorneys. With the guidance of a lawyer, you can deepen your understanding of laws concerning drugs and learn more about your rights.