There are a variety of different types of drug cases that a person can face. Some of these center around whether the person was in possession of drugs or drug paraphernalia. The term “possession” doesn’t only mean that you have drugs in your pocket or in the bag you are carrying.
Possession is a legal term with a broader definition that includes both physical custody and control over a substance. Florida law recognizes two main types: actual possession and constructive possession.
2 types of possession
Actual possession means that the items are found physically on you. This could include in your hand, in your clothing or in a container that you’re holding.
Constructive possession is a bit broader. It applies when the items aren’t on your person. Instead, they are found in a place that you have control over. This can include in your vehicle, in your home or in a shared space if you should know the items would be there.
The differentiation between actual and constructive possession can impact how a case is prosecuted. Actual possession is typically easier to prove, but constructive possession is usually more complex. For example, if the items are found in a car with multiple occupants, the prosecutors must show that the defendant knew the items were there and had access to them.
Possession charges can have significant consequences for the defendant. It’s critical that they learn their options so they can determine how to proceed with a defense strategy. This may be easier if they can work with someone familiar with these matters.
