The Concept Of Possession In Florida Drug Cases

When a person is found to have a controlled substance physically on their person, they are said to have possession of it. However, Florida law also recognizes a different type of possession of drugs, referred to as ‘constructive’ possession, which does not require physically having drugs in your pocket. Either one is sufficient to charge a person with the crime of drug possession, as confusing as it may seem.

Possession In Hand

Actual possession is, as one might imagine, when a person has a controlled substance on their physical person. A substance is ‘controlled’ if it is classified as being on a “schedule,” either under Florida or federal law. Schedule I is the group with the highest potential for abuse and the least potential medical use, going down to Schedule V, where the medical uses are more frequent and the potential for abuse is much lower.

It is important to keep in mind that actual possession must be actual – that is, on your person. Even if you are found “standing approximately 1 foot from a matchbook containing 19 packets of heroin,” this is not considered sufficient to qualify as possession. A person must have ‘dominion and control’ over the substance, not merely be in proximity to it.

“Dominion and Control”

Constructive possession is the other type of possession cited in drug cases, and it is much more vague and complex, depending on the specific facts of your situation. A person is found to be in constructive possession of a controlled substance when the drugs are found in an area that they control. More specifically, a person must be shown to have “dominion and control” over the substance, and to know of its illicit nature.

This can sometimes be very difficult to establish, particularly when the contraband is found in a location where multiple people may have had authority. For example, a 2018 case resulted in an acquittal on appeal for the defendant, because the state could not adequately prove that the cocaine found in a rental car was his via actual or constructive possession. The car was not rented by the defendant, and people besides the defendant had access to the vehicle and its compartments – the court held that too many people had access to the vehicle to jump to conclusions.

Contact A West Palm Beach Drug Possession Attorney

Whether actual or constructive, being charged with possession of drugs is a serious event that should be treated with urgency. A West Palm Beach drug crimes attorney from Perlet & Shiner, P.A. will protect your rights and help to guide you through what can be an intimidating legal process, as Florida takes drug offenses seriously. Call our office today at (561) 721-0552 to speak to an attorney.

Source:

edca.1dca.org/DCADocs/2017/2808/172808_1287_10312018_05070921_i.pdf