Actual Possession vs. Constructive Possession of Drugs

Image of a person's hands clasped around jail bars

Understanding Drug Charges

While actual possession and constructive possession of drugs are two different charges, they both come with severe consequences. A conviction of either of these charges could mean jail time, fines, and a criminal record — all of which can affect your future. Here’s what you need to know:

Actual Possession of Drugs

Actual possession of drugs refers to having possession of drugs on your person in the following ways:

  • In the hands of the person
  • In a bag or container on the person
  • Close and within reach of the person

Some examples of actual possession may include:

  • Having a packet of cocaine in your pocket
  • Having heroin in your purse
  • Holding a marijuana joint in your hand

Constructive Possession of Drugs

Constructive possession of drugs refers to situations in which you have possession of drugs, but it’s not physically on your person. You would be considered to be in constructive possession if:

  • You know where the controlled substances are located. For example, the drugs may be stored near your property, in your apartment, at a relative’s home, or in your car.
  • You have the ability to maintain “dominion and control” over the drugs, which means you have ownership and rights to manage, regulate, or oversee its use.
  • You have “dominion and control” over the area to which the drugs are found.

The Consequences of a Drug Possession Charge

If you’ve been charged with actual or constructive possession of drugs, you could face the following penalties:

  • Jail time
  • Fines
  • Loss of your driver’s license
  • Loss of professional licenses such as law, medicine, education, nursing, etc.

While it may be a scary experience, there are options. Consulting an experienced drug defense lawyer can examine your case's evidence and circumstance to fight your charge and protect your rights.

Charged With Drug Possession? Contact Grewal Law PLLC For Help.

A drug possession charge is a serious matter, and it can be scary and stressful when you don’t know where to turn for help. At Grewal Law PLLC, our team of attorneys is experienced in handling drug possession cases. We are skilled in navigating the legal system and will ensure your rights are protected. We will always work to achieve the best possible outcome involving your drug possession charge.

Call Grewal Law PLLC at (888) 211-5798 to schedule a consultation and learn your rights.

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