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What is ‘constructive’ drug possession?

On Behalf of | Apr 11, 2021 | Drug Crimes

Residents of Jacksonville already know that Florida has some of the harshest drug laws in the nation. Unfortunately, not enough people know that drug charges may arise even if police officers fail to find illegal substances in your immediate possession. Under the doctrine of constructive possession, law enforcement can arrest you when you have no drugs on your person.

An example of constructive possession

Say that an acquaintance asked to store some of his belongings in your garage for a few days. You agree, and he brings his things over that day. The next day, a swarm of police cars descends on your property with a search warrant. In your garage, they discover several bags of cannabis tucked inside your friend’s possessions.

Even though the marijuana belonged to another person, you could still face possession charges because the substance was on your property. Law enforcement and state prosecutors will likely assume that the drugs were yours and will begin building a case against you. At the very least, they might believe you knew about the drugs and that they were illegal. From their viewpoint, this makes you guilty of marijuana possession.

In a situation like this, you will benefit from a solid drug crime defense strategy to prevent a conviction. Prosecutors want to secure convictions because that is their job. Unfortunately, this could leave you vulnerable to paying the price for a crime you never committed.

We urge you to continue exploring our drug crime defense resources on our website to learn more about protecting yourself if you are facing drug charges.