Actual Versus Constructive Possession

Actual Possession vs. Constructive Possession

St. Petersburg Drug Possession Defense Lawyers

Drug possession does not refer to actual ownership of a drug, only whether an illegal drug was on someone’s person or property. Florida drug laws separate drug possession into two meanings: actual possession and constructive possession.

Actual possession is a situation when a person has the drugs either on his/her person or immediate property. For example: cocaine hidden in a person’s sock, or a bag of marijuana hidden in his or her freezer.

Constructive possession refers to a person having knowledge of and immediate access to an illegal drug. For example, a person riding as a passenger in a friend’s car could be charged with drug possession if illegal drugs were found in the glove box or under his/her seat. However, the prosecution would have the burden of proving the passenger in fact had knowledge of the drugs – and that can be very difficult.

Drug Possession Defenses in Florida

If you have been accused of drug possession, all is not lost. The experienced attorneys at LeavenLaw in St. Petersburg understand the ins and outs of drug defense cases.

There are many successful defenses our experienced attorneys can use to defend a drug possession accusation. Whether you have been accused of actual or constructive possession, our knowledgeable lawyers can review your case to ensure your rights were not violated, especially if a search and seizure was conducted unexpectedly by the law enforcement officers involved.

Accused of drug possession in St. Petersburg or Tampa? Contact our offices today!