Constructive Possession of Drugs in California — How These Charges Work
Constructive possession happens when someone is charged with having control over illegal drugs, even if they were not physically holding them. Prosecutors in California — and especially in Los Angeles County — often rely on this legal theory to file drug possession charges when drugs are found in homes, vehicles, or other shared spaces.
In these cases, the prosecution does not need to prove that you had drugs in your pocket or on your person. Instead, they only need to show that you knew the drugs were present and had the ability or intent to control them. This is known as constructive possession of drugs, and it plays a major role in many drug crime prosecutions across California.
Facing constructive possession drugs charges is serious. A conviction can lead to jail time, probation, immigration consequences, professional license suspension, and a permanent criminal record.
At The Law Offices of Arash Hashemi, our experienced Los Angeles drug crime lawyer understands how prosecutors build constructive possession cases — and more importantly, how to fight them. If you are under investigation or already charged with drug possession in Los Angeles, it’s critical to understand how this legal concept works and what defenses may be available.
What Is Constructive Possession of Drugs in California?
In California drug crime cases, constructive possession refers to a situation where you are accused of having control over illegal substances, even if you did not physically possess them at the time of your arrest. Prosecutors only need to prove that you knew the drugs were present and had the ability or intent to exercise control over them.
What does constructive possession mean under California law? It means prosecutors can charge you even if the drugs were not on your person, as long as they can show you had access to or control over them.
California law divides possession into two main categories:
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Actual Possession — You physically have the drugs on your body or in something you are carrying, such as your pocket, backpack, or jacket.
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Constructive Possession — You do not have the drugs physically on you, but you have access to them or the right to control them. For example, drugs found in your car, your bedroom, or a personal locker can form the basis for a constructive possession of drugs charge.
Key point:
You don’t have to be holding or directly touching the drugs to be charged with possession. Prosecutors must only show that you knew about the drugs and had the ability to control their location or movement.
How Prosecutors Prove Constructive Possession of Drugs
Prosecutors typically rely on circumstantial evidence to build a constructive possession case. This can include:
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Drugs found in your bedroom, personal safe, or car
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Drugs found with your personal items (wallet, ID, phone)
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Fingerprints or DNA on drug packaging
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Statements you made admitting knowledge of the drugs
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Witness testimony linking you to the drugs
Important:
Simply being near drugs — like riding in a car where drugs are found — is not enough by itself to prove constructive possession.
The prosecution must prove you knew about the drugs and had control over them.
Can You Be Charged for Drugs Without Possession in California?
Yes — this is exactly what happens in constructive possession drugs cases. Even if the drugs are not physically on you, prosecutors can charge you if they believe you had knowledge of the drugs and the ability to control them. This is why constructive possession is often charged in cases where drugs are found in shared spaces, vehicles, or residences.
Examples of Constructive Possession of Drugs
Example 1:
Police find drugs hidden inside your car’s center console. Even if you weren’t holding the drugs, if the car is registered to you and you’re the driver, you could be charged with constructive possession.
Example 2:
During a probation search, officers find drugs inside your closet at your home. If they can link the closet to you personally, you may face constructive possession of drugs charges.
Example 3:
You’re visiting a friend’s apartment where drugs are present. If the drugs are hidden in a common area and there’s no evidence connecting you to them, constructive possession would be much harder for the prosecution to prove.
Penalties for Constructive Possession of Drugs in California
The consequences of a drug possession conviction in California depend on several factors — including the type and quantity of drugs involved, your criminal history, and whether there is evidence of intent to sell. Even for a first offense, penalties can be severe and carry lasting effects.
Here’s how the law typically breaks it down:
Simple Possession for Personal Use
(Health and Safety Code § 11350 or § 11377)
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Applies to drugs like methamphetamine, cocaine, heroin, and certain prescription medications without a valid prescription.
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Penalty: Usually charged as a misdemeanor, punishable by up to 1 year in county jail, probation, and/or mandatory drug counseling.
Possession with Intent to Sell
(Health and Safety Code § 11351 or § 11378)
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Charged when there is evidence suggesting distribution or sales (e.g., large quantities, packaging materials, cash).
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Penalty: Felony offense punishable by 16 months, 2 years, or 3 years in county jail or state prison, depending on the circumstances.
Diversion Programs (Alternative Sentencing Options)
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First-time, non-violent offenders may qualify for pretrial diversion programs under Penal Code § 1000 or Proposition 36.
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Successful completion of a program can lead to dismissal of the charges, avoiding a criminal conviction.
How Do You Beat a Constructive Possession of Drugs Charge?
There are several effective legal defenses to fight constructive possession of drugs charges in California. The best defense will depend on the facts of the case — including where the drugs were found, who had access to the area, and whether law enforcement followed proper procedures. An experienced drug crime lawyer will carefully analyze the evidence and aggressively challenge any weaknesses in the prosecution’s case.
Lack of Knowledge: No Awareness of the Drugs
One of the most common defenses is arguing that the accused had no knowledge the drugs were present. If the prosecution cannot prove beyond a reasonable doubt that the defendant was aware of the controlled substances, the charge of constructive possession cannot stand.
No Control or Access to the Drugs
A strong defense may also show that the defendant did not have the ability to control or access the drugs. If the substances were found in a location that the defendant could not enter — such as a locked room or someone else’s private belongings — this undermines the claim of constructive possession.
Shared Access Creates Reasonable Doubt
In situations where multiple people had access to the area where the drugs were found — such as a shared apartment, vehicle, or common space — it becomes more difficult for prosecutors to prove that any one person exercised control over the drugs. Demonstrating shared access can introduce reasonable doubt and weaken the state’s case.
Illegal Search and Seizure Violations
If police conducted an illegal search — without a valid warrant, without probable cause, or in violation of Fourth Amendment protections — any evidence found may be inadmissible in court. If the drugs were obtained through an unlawful search or seizure, the entire case could be dismissed.
Third-Party Ownership of the Drugs
Another potential defense involves showing that the drugs belonged to someone else. If credible evidence suggests that another person had ownership or control of the substances, this can seriously undermine the allegation of constructive possession.
Attorney Arash Hashemi carefully examines every detail of the case — from the legality of the search to whether prosecutors can actually connect you to the drugs — and aggressively challenges any weak, circumstantial, or speculative evidence. Every potential defense is explored to maximize your chances of achieving the best possible outcome.
Arrested for Constructive Possession of Drugs in Los Angeles? Speak With a Drug Crime Lawyer Today
If you are facing drug possession charges — especially allegations based on constructive possession — it’s critical to act quickly. A conviction can severely impact your freedom, your future opportunities, and your personal and professional reputation.
At The Law Offices of Arash Hashemi, our Los Angeles drug crime lawyer brings over 20 years of experience defending clients against drug-related charges throughout Los Angeles County. When you contact our office, Attorney Hashemi will personally meet with you, carefully review the facts of your case, and build a defense strategy focused on protecting your rights, your record, and your future.
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