A person could be charged with actual possession if they are found with illicit drugs on them. A drug possession charge could also occur if a person is caught using, manufacturing or dealing drugs. An actual possession charge could lead to several criminal penalties, such as incarceration and fines.
Furthermore, a drug possession charge may be influenced by the quality of the drug. Drugs are categorized with schedules. For example, a Schedule V drug is likely anything over the counter. A Schedule I drug is a highly addictive narcotic that was likely illegally made and sold.
A drug possession charge can still happen if someone wasn’t in direct possession of a drug – this is called constructive possession. Constructive possession can happen because someone may have access to illicit drugs and was aware of the drugs. This can be a bit hard to understand. You may be able to better understand constructive possession with the following examples:
Drugs found in a vehicle
Imagine that you needed to borrow a friend’s car. You got into their car and found a substance in a small bag but decided to ignore it. While driving your friend’s car, you were pulled over by the police. The police conducted a search and found the small bag contained cocaine, which could lead to a constructive possession charge.
Drugs found in an apartment
You may live with someone. Your roommate has been known to use drugs. One day the police showed up with a search warrant and found drugs in a shared space, such as your living room. Because it isn’t known whose drugs they could be, you could face a constructive possession charge.
If you’re accused of drug possession, then you need to act fast and learn about your legal options. A drug possession charge could follow you for a long time without the right defense.