What Is a Constructive Possession of Marijuana Charge?

When facing marijuana possession charges, it’s essential to mount a strong defense to protect your rights and future. Defending against these charges often involves understanding legal concepts such as “constructive possession” and “intent,” which play a crucial role in establishing guilt or innocence.

Understanding constructive possession

Constructive possession is a legal concept used to establish possession when an individual doesn’t have actual physical control over the illegal item but has the ability and intent to exercise control over it. In the context of marijuana possession charges, constructive possession means that even if the marijuana was not found on your person, you could still be charged if you were deemed to have the power and intention to exercise control over it by authorities.

Examples of constructive possession might be keeping drugs locked in the trunk of your car or in a locked safe. Because you have the key to the car, or the combination to the safe, you can be charged with constructive possession of drugs, even if you weren’t anywhere near the trunk or the safe at the time the drugs were found.

You can also be charged with constructive possession even if you are unaware drugs were in your possession. For example, you are pulled over for running a stop sign and give the officer consent to search your car. Unbeknownst to you, a friend whom you lent the car to a few days ago left drugs under the seat. The officer could charge you with constructive possession of drugs because the car is under your control. However – it’s important to remember that a charge does not mean a conviction.

Proving constructive possession

Proving constructive possession can be challenging for the prosecution. They need to establish several elements to demonstrate that you had constructive possession of the marijuana:

• Knowledge: The prosecution must prove that you were aware of the presence of the marijuana. Your proximity to the substance is not enough to establish knowledge.
• Ability to control: The prosecution must show that you had the ability to exercise control over the marijuana. This could mean having access to the location where the marijuana was found.

This means that simply being near the drugs is not enough to prove constructive possession – the prosecution must show that you knew the drugs were present, that they were illegal, and that you had control over them.

Challenging constructive possession and intent in a marijuana case

Defending against marijuana possession charges often involves challenging one or more of the elements mentioned above.

For example, let’s say you and a group of friends attend a holiday party at someone’s home. For one reason or another, the police are called, and they discover marijuana on the premises. Our Killeen defense lawyers may argue:

• Lack of knowledge: If you were unaware of the presence of marijuana, this can be a strong defense. Lack of knowledge also undermines the element of intent required for constructive possession.
• Lack of control: Demonstrating that you did not have the ability to control the location where the marijuana was found can weaken the constructive possession argument. In general, people do not have any control over other people’s homes.
• Third-party access: If other individuals had access to the area where the marijuana was discovered, it could raise doubts about your exclusive control over it. If the drugs are found in a communal place, like a bathroom or the kitchen, we can argue that you were not in possession of the marijuana.
• Unwitting possession: If you were unknowingly in possession of marijuana due to circumstances beyond your control, this can be a valid defense. For example, this could happen if someone else placed the marijuana in your belongings without your knowledge.
• Proving legal use: If you were in possession of marijuana for medicinal purposes, this can potentially establish a legitimate purpose and cast doubt on your intent to possess it unlawfully.

How a Killeen drug crime defense attorney can help

Defending against marijuana possession charges requires a strategic approach tailored to the specific circumstances of your case. If you’re facing constructive possession charges here in Killeen, having an experienced criminal defense attorney on your side can increase your chances of a positive outcome for your case. At Mary Beth Harrell Law Firm, we can help in the following ways:

• Illegal search and seizure: If the evidence against you was obtained through an illegal search and seizure, it may be possible to have that evidence suppressed, weakening the case against you.
• Lack of evidence: If the prosecution’s evidence is weak or lacks credibility, it can be challenging for them to meet the proper burden of proof.
• Witness testimony: Witnesses who can testify to your lack of knowledge, lack of intent, or lack of control over the marijuana can provide strong support for your defense.
• Expert witnesses: Expert witnesses, such as forensic experts, can provide testimony that challenges the prosecution’s case, particularly when it comes to issues like intent or knowledge.

Are you facing marijuana charges? Talk to the Mary Beth Harrell Law Firm today. We provide experienced criminal defense to clients throughout Central Texas. To schedule a free case evaluation, call us or fill out our contact form and tell us a little about your case. We’re based in Killeen and Copperas Cove, and proudly serve Coryell, Bell, Williamson, and McLennan Counties, and Temple, Harker Heights, Waco, and Belton.