If police find illegal drugs near you, but not on you, you might still get charged with possession. That’s because Texas law recognizes something called constructive possession. It means you can face drug charges even if the drugs weren’t physically in your hand, pocket, or bag—if you had control over them or knew they were there, that could be enough.
Understanding how constructive possession works in Texas can help you know what you’re up against if you’re ever accused. This post breaks down the key points so it’s easier to understand.
What Does Constructive Possession Mean?
There are two kinds of possession under Texas law: actual possession and constructive possession.
- Actual possession is when you have the drug on your person. For example, it’s in your backpack, jacket pocket, or in your hand.
- Constructive possession is when the drug isn’t directly on you, but you are still considered to have control over it. That could mean drugs are found in your car, your home, or even in a shared space—like a living room—where you’re staying or spending time.
Just being near drugs isn’t enough for a conviction. Prosecutors have to show that:
- You knew the drugs were there.
- You knew the drugs were illegal.
- You had the ability to control or access the drugs.
Here’s an example: Let’s say police find a bag of illegal pills under the passenger seat of your car. You’re driving the car, and no one else is with you. Even if the drugs aren’t on your person, they could argue that you had control of the vehicle and knew the pills were there. That’s constructive possession.
How Is Constructive Possession Proven?
In court, the prosecution must prove all three elements:
- Presence – Were you near the drugs?
- Knowledge – Did you know the drugs were there?
- Control – Could you control or access the drugs?
They may use facts like:
- You had keys to the apartment or car where the drugs were found.
- The drugs were in plain sight, like on a table.
- Your fingerprints were on the container holding the drugs.
- You acted nervous or tried to hide something from police.
- You were the only person in the area at the time.
These are called affirmative links, and the more of them that exist, the stronger the case for constructive possession.
But if you were just in the same room as someone else who had drugs—like at a party or in a shared vehicle—that alone is not always enough. The law recognizes that people can be in the wrong place at the wrong time.
Examples of Constructive Possession
Here are a few situations where someone might be charged with constructive possession:
- Vehicle scenario: Police stop a car for speeding. You’re in the passenger seat. They find a stash of drugs in the glove compartment. If it’s your car or you seem to know about the drugs, you could be charged, even if you didn’t put the drugs there.
- Shared apartment: You’re staying at a friend’s apartment. Police enter with a warrant and find drugs in the kitchen drawer. If your fingerprints are on the drawer or your belongings are found nearby, they might argue you had access and knowledge.
- Public place: You and some friends are in a park. Someone tosses a bag of drugs under a bench when police arrive. If officers say they saw you make a quick movement or stand near the drugs, you could be accused of constructive possession.
Possible Defenses to Constructive Possession Charges
Even if you’re charged, you may still have a strong defense. Common defenses include:
- You didn’t know the drugs were there – For example, you borrowed someone else’s car and didn’t know what was in the glove box.
- You didn’t know the substance was illegal – Maybe you thought it was a legal medication.
- You didn’t have control over the space – You weren’t the owner or renter of the place where the drugs were found.
- The drugs belonged to someone else – Especially in shared living spaces or cars.
In many cases, your lawyer may challenge how the police found the drugs, whether they had a valid warrant, or whether they followed proper search procedures.
What Happens If You’re Convicted?
Drug charges, including those for constructive possession, can lead to serious penalties in Texas. You could face:
- Jail or prison time, depending on the type and amount of the drug
- Fines
- Probation
- A criminal record, which can affect jobs, housing, and education
The specific charge (misdemeanor or felony) depends on the type and amount of the controlled substance. For example, having a small amount of marijuana may lead to a lower-level charge, while possession of methamphetamine or cocaine could lead to a felony charge.
What Should You Do if You’re Charged?
Being charged with constructive possession doesn’t mean you’ll be convicted. Prosecutors have to prove you met all three elements: presence, knowledge, and control. That’s not always easy, especially when you weren’t holding the drugs.
If you’re facing charges in Dallas, you don’t have to go through it alone. A lawyer can help break down the facts, challenge the prosecution’s case, and work to reduce or dismiss the charges.
Every case is different, and even small details—like where the drugs were found or who else was there—can make a big difference.
Call Gallian Firm Today
If you’ve been accused of constructive possession in Texas, you still have rights. Talking with a criminal defense lawyer can help you understand your options and build a defense that fits your situation.
Call (214) 432-8860 to speak with someone who can help. The sooner you act, the more time there is to protect your future.