What is Constructive Possession?

The unlawful possession of a controlled substance (drug possession) can be a very serious crime in South Carolina. There are two forms of drug possession: actual possession and constructive possession. Constructive possession is a form of non-actual possession where a person is charged with a possession offense because they had dominion and control over a controlled substance, even though that substance was not actually discovered on their person. Drug possession of any kind is a serious crime, so reach out to a Columbia drug crimes defense lawyer if you are facing constructive possession charges in South Carolina.

Constructive Drug Possession: Defined

South Carolina recognizes constructive possession as a legal theory that permits prosecution when the controlled substance is not found on the defendant’s person, but the defendant still exercised dominion and control over it. Courts apply this doctrine to situations where physical proximity is uncertain or absent. In other words, constructive possession is a “legal fiction.” It is possession in the legal sense, without actual physical possession. Here is an overview of the two most common examples of constructive possession:

• Drugs Found in Vehicle: Vehicle cases create recurring constructive possession issues. The State must show that the defendant knew the drugs were in the vehicle and had the ability to control them. Ownership of the vehicle may strengthen the inference, but ownership does not end the inquiry. Courts examine the location of the drugs, any statements made during the stop, fingerprints or DNA, and the behavior of the occupants.
• Drugs Found in Home: Constructive possession becomes more complex when police find drugs in a residence. South Carolina courts consider the defendant’s relationship to the property. A lease, mortgage, or utility record can support dominion and control. The presence of personal items in the same room as the drugs may also help the State. However, the State cannot rely on mere residency. More comprehensive proof is generally required.

Know the Elements of Constructive Possession in South Carolina

There are two main things that prosecutors in South Carolina need to demonstrate in order to obtain a drug crime conviction against a defendant on the grounds of constructive possession. Specifically, prosecutors must prove the following beyond a reasonable doubt:

• Knowledge: The prosecution must show that the defendant knew the drugs were present. Knowledge cannot rest on speculation. Officers often rely on statements, behavior during the encounter, or evidence of prior drug activity.
• Dominion and Control: The State must show that the defendant had the ability to exercise control. Courts look at ownership of the property, access to the area, and evidence that the defendant could retrieve or move the drugs.

Call Our Columbia, SC, Constructive Drug Possession Attorney Today

At the Law Office of Jonathan M. Harvey, our Columbia criminal defense attorney has the knowledge, skills, and experience to handle constructive possession cases. Do not take on police or prosecutors alone. If you were arrested for constructive drug possession, we can help. Please do not hesitate to contact us today for a fully confidential consultation. With an office in Columbia, we handle drug possession charges throughout South Carolina.