Possession & Constructive Possession

There are two types of possession - actual possession and constructive possession. Actual possession is when the drugs are on your person, in your pocket, or in your hand. Constructive possession most often comes up when the drugs are found in a car or in a house. If you are not in actual possession of the drugs, the prosecution must prove 1) that you had some control over the area in which the drugs were found (the car belonged to you, or the drugs were found close to you) and 2) that you knew the drugs were there.

Possession, or constructive possession, is an element of most drug crimes. For example, if you are charged with possession with intent to distribute, then the prosecution will have to prove possession in order to convict you of the crime. If you are charged with trafficking based on the weight of the drugs that are found, possession may be an essential element that the prosecution must prove beyond any reasonable doubt.

Often people believe that if someone else "takes credit" for the drugs, then the other person cannot be charged. This is not exactly true - but if the State cannot prove beyond a reasonable doubt that you had control and knowledge, you can be found not guilty. If you have been charged with simple possession of marijuana, cocaine, heroin, or any drug, call our Myrtle Beach office at 843-444-6122 or contact us online to find out how we can help.