Constructive Possession In Georgia Drug Cases: What It Means For You
As criminal defense attorneys serving individuals across Georgia, we regularly confront the complex doctrine of constructive possession in drug cases. If you’ve been arrested and drugs weren’t found on your person, but were located in your car, home, or a space you share, the law may still hold you responsible. Under Georgia law, possession does not always require physical holding; what matters is control and knowledge. This means you could face serious felony charges under O.C.G.A. §16‑13‑30 even when you never touched the substance. Understanding how constructive possession works is essential if you want to protect your rights, your freedom, and your future.
What Is Constructive Possession Under Georgia Law?
In Georgia, controlled substance offenses are governed by O.C.G.A. §16‑13‑30, which makes it illegal for any person to “purchase, possess, or have under his or her control any controlled substance.” Subsection (a) covers possession broadly, while (b) addresses intent to distribute. When you are accused of possessing drugs you did not physically hold, the state uses the concept of constructive possession. According to case-law and legal commentary, for constructive possession, the prosecution must show that you had both knowledge of the drug’s presence and the ability or intent to control the drug. Mere presence in a location is not enough; what matters is whether you exercised dominion or control over the substance or area.
Why It Matters In Drug Case Strategy
Constructive possession becomes particularly relevant in shared cars, apartments, or hotel rooms where more than one person had access. The state may argue that because you had access and knew the drugs were present, you should be charged. Georgia courts say the prosecution cannot rely solely on “mere proximity.” As your defense team, we examine who owned the vehicle or premises, who had keys or permission, who used the space, and whether you were aware of the substance. If you cannot prove exclusive control or knowledge, we can challenge the state’s case on that basis.
For instance, if during a traffic stop officers find drugs under a seat while you are a passenger, the state may attempt to link you to the drugs. But if you were neither the driver nor the owner, had no key, and made no statement acknowledging the drugs, we can argue you lacked knowledge or control. That can significantly reduce the strength of the state’s claim of constructive possession.
Penalties And Implications For Your Case
Georgia treats constructive possession the same as actual possession for purposes of sentencing. Under §16-13-30, possession of Schedule I or II substances carries felony penalties—one to fifteen years for a first offense for certain quantities. Importantly, if you are convicted under constructive possession theory, you may face the same harsh consequences as someone caught with drugs on their person. That risk underscores why prompt and skilled defense is essential.
Knowledge of how constructive possession is proven and how it can be challenged is vital. As your attorneys, we review search and seizure law to determine whether your rights were violated. We analyze the facts to question whether you actually knew about the substance or could control it. In many cases, the difference between being charged and being acquitted comes down to those details.
Shared Spaces And Joint Possession Issues
When multiple individuals had access to a location where drugs are found, the state may charge all persons present with “joint constructive possession.” That means passengers in a car or roommates in an apartment can face charges. The difference for each person lies in proving whether they personally had the level of control and knowledge required under the law.
In these scenarios, our role is to isolate your involvement, show a lack of ownership or control, and expose gaps in the state’s evidence. For example, if we can show someone else had exclusive access to the drug-containing area, or you were affiliated only peripherally, that weakens the state’s case considerably.
What You Should Do If Facing These Charges
If you are charged with drug possession based on constructive theory, act promptly. Avoid discussing the case with others or on social media. Keep your lawyer informed about every detail, including who else had access to your space, keys, or car. As your defense team, we collect evidence regarding the legality of the search, ownership of the premises or vehicle, access, and knowledge. We may also interview witnesses who confirm your role or presence. Your case might hinge on showing a lack of control or awareness.
Because The Mazloom Law Firm, LLC represents defendants across Georgia—including in Marietta, Atlanta, and throughout Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale counties—we bring local knowledge and a statewide view to every case.
Frequently Asked Questions About Constructive Possession In Georgia
What Does Constructive Possession Mean In A Georgia Drug Case?
Constructive possession means you did not physically hold the drugs, but the state claims you knew about them and had the ability or intent to control them. Georgia courts require you to have more than just proximity to the drugs.
Can I Be Charged If Drugs Were In Someone Else’s Car Or Home?
Yes. If you were in a car or a home where drugs were found, the state can press charges if they believe you had knowledge and control. However, we can challenge those claims by showing you did not have access, keys, or control of that space.
Does Ownership Of A Vehicle Or Residence Make A Difference?
Ownership alone is not enough. If you owned the car or home, the state may argue you had possession. But if you can show you did not access the area where drugs were found, lacked knowledge, or others had exclusive control, that counters the implication of control.
What Is The “Equal Access” Defense?
Under Georgia law, when multiple people had equal access to the space where drugs were found, the state must still identify which person had knowledge and control. If we can show you had less access or control than suspected, we can weaken the state’s argument of constructive possession.
What Happens If I Was A Passenger And Drugs Were Found In The Vehicle?
Being a passenger complicates the prosecution’s case. The state must still show you knew of the drugs and could control them. If you had no keys, no proximity to where the drugs were found, or weren’t interacting with the items, you may have a strong defense.
What Penalties Could I Face If Convicted?
Penalties for possession under O.C.G.A. §16‑13‑30 depend on the substance and amount. Schedule I or II drug possession can carry one to fifteen years for a first offense.
Should I Speak To The Police Before Hiring An Attorney?
No. Do not speak to the police until you have an attorney. Anything you say may be used to establish knowledge or control—key components in a constructive possession case.
How Can A Defense Attorney Help With Constructive Possession Charges?
An attorney reviews how evidence was gathered, challenges illegal search or seizure, analyzes who had access to the area, and questions whether you truly knew about or controlled the drugs. Having skilled representation greatly improves your chance at a favorable outcome.
Call The Mazloom Law Firm, LLC Today For A Free Consultation
At The Mazloom Law Firm, LLC, we handle criminal defense cases across Georgia, including Marietta, Atlanta, and all of Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale counties. To receive a free consultation, call our Marietta criminal defense attorney at The Mazloom Law Firm, LLC, by calling 770-590-9837. We are here to protect your rights and help you secure the best possible outcome.
