What is the difference between actual and constructive possession of drugs?
St. Paul, MN criminal defense attorney Robert Ambrose talks about the differences between actual and constructive possession of drugs.
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So you can be charged and even convicted of drug possession if you’re in actual or constructive possession of the drugs. Actual possession is people know if you have the drugs in your pocket. They actually find the drugs in your possession, on your person.
Constructive possession is maybe it’s sitting in your vehicle, on top of the passenger seat, in a book bag with your name on it and other items in the book bag with your name on it, and there’s no other passengers in the car, while you’re constructively having possession of that item because you can exercise control of it and nobody else could at that time.