What You Should Know About Active and Constructive Drug Possession in Texas

 Posted on February 15, 2023 in Criminal Defense

When people think of criminal offenses related to drug possession, they often only consider one type of possession: active possession. But there is another type of drug possession that you should be aware of called constructive possession. Understanding the differences between active and constructive drug possession can help you understand your legal rights in the event that you are charged with a drug crime. In this blog, we will take a closer look at active and constructive drug possession in the context of a drug possession case.

What Is Active Drug Possession?

Active drug possession means that an individual has physical control over or immediate access to a drug or controlled substance. It is considered the most common form of drug possession. For example, if the police search your backpack and find drugs in the side pocket, you would likely be charged with active possession because you had physical control over those drugs.

What Is Constructive Drug Possession?

Constructive drug possession occurs when someone knowingly has ownership, dominion, or control over a controlled substance but does not have it on their person. In other words, even though an individual may not physically possess the drug themselves, they can still be charged with constructive drug possession if they allegedly had knowledge about the presence of drugs and intended to exercise some form of control over them.

For example, if law enforcement were to search your home and find drugs in a room that belongs to someone else who lives there (but who was not present at the time), you could still be charged with constructive possession if it can be proven that you knew about those drugs and/or controlled them in some way. Proving constructive possession can often be challenging for prosecutors.

Are The Penalties Different?

This question is difficult to answer in just a few words. Under Texas law, the level and severity of drug possession charges generally depend on the type of drug in question and the amount found by the police. For example, if a police search of your property turns up 100 grams of cocaine, you would likely face a second-degree felony charge for drug possession, punishable by up to 20 years in prison.

The differences between active and constructive possession could potentially affect the actual sentence after a guilty verdict or plea agreement. Active possession implies more direct involvement with the drugs in question, which means that the sentence could be more severe than a sentence for a constructive possession case.

Contact a Fort Worth Drug Possession Defense Lawyer

At The Dameron Law Firm, we know that a drug possession case involving active or constructive possession, contact our experienced Tarrant County criminal defense attorney. With our background and legal knowledge, we are equipped to help you build the best possible defense for your unique situation. Call 817-222-0624 for a free consultation and case review today.

Source:

https://statutes.capitol.texas.gov/Docs/HS/htm/HS.481.htm