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  5. What constitutes drug possession?

What constitutes drug possession?

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Jun 22, 2021 | Drug Crimes

People often think that possession of drugs means that the police officer found drugs on their person. In some cases, this is true — but it’s not always the way charges happen.

Understanding what really goes into a possession charge can make it easier to participate in your own defense, so read on to learn more.

What does it mean to possess drugs?

From a legal standpoint, possession of drugs means that you have control of the drugs. You don’t have to have it in your pockets or on your person in order to be charged with this crime. Instead, the prosecution will only have to prove that you had access to the drugs and could, therefore, use them as you saw fit. Because of this, it’s possible that more than one person can face charges for the same drugs. 

An example of this would be if there were drugs in your kitchen at home. In theory, the prosecution could charge anyone who has access to the kitchen with possession of drugs — including your roommates. Similarly, imagine drugs are found in a vehicle at a traffic stop in the center console. Anybody in that vehicle at the time or anybody with a key could potentially face criminal charges.

What if you’re facing possession charges?

Some people think of drug possession as a minor crime, but a conviction can have long-term consequences on their life. It’s imperative that anyone who is facing these charges understands what defense options they have. Working with an experienced advocate can help protect your rights and your future.

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