Constructive drug possession, also known as “constructive possession,” is a legal concept in Michigan and other states that refers to a situation where someone is found in possession of drugs, but may not physically have them on their person. Instead, the drugs may be found in a location that the person has control over, such as a car or a house.
In Michigan, constructive drug possession can be charged as a serious crime and carries severe penalties. Anyone who is found guilty of constructive possession of drugs can face years in prison and / or a fine of up to $25,000. However, there are certain factors that can impact how this crime is charged and what the penalties may be.
One important factor is the type and amount of drugs involved. Michigan law classifies drugs into five schedules based on their potential for abuse and medical use. Schedule I drugs, such as heroin and LSD, are considered the most dangerous and have no accepted medical use, while Schedule V drugs, such as cough syrups containing codeine, have a lower potential for abuse and a recognized medical use. The penalties for constructive possession of drugs will vary depending on which schedule the drugs fall under, as well as the quantity involved.
Another factor that can impact the charges and penalties for constructive drug possession is the intent of the person in possession. For example, if someone is found with a small amount of drugs that they claim are for personal use, they may be charged with a less serious offense than someone who is found with a large quantity of drugs and evidence of intent to sell or distribute.
It is important to note that constructive drug possession charges can be difficult to defend against, as it may be challenging to prove that the person in question did not have control over the drugs found. However, there are potential defenses, such as arguing that the drugs belonged to someone else who had control over the location where they were found.
Overall, constructive drug possession is a serious crime in Michigan with severe consequences. Anyone who is facing charges for this offense should consult with a knowledgeable criminal defense attorney to understand their options and potential defenses. Additionally, it is important to understand Michigan’s drug laws and take steps to avoid any situation where constructive possession could occur.
Talk to a Drug Defense Lawyer
Don’t risk making a critical mistake or missing an important deadline. If you’ve been charged with a drug crime – contact a drug crime attorney and get help right now, before you make any decisions. Just call 269-978-6560. The initial consultation is free.