Raleigh Criminal Defense Attorney, Michelle Sparrow, clarifies the distinction between the two types of illegal marijuana possession applicable by law in North Carolina.
Imagine you are a college student. Your friends decide they want to drive around at night for fun and they climb into your car. One of your friend starts passing around a pipe packed with marijuana. You don’t take a hit but you are aware that there is an illegal substance in your car. You park in a campus parking garage and an officer pulls in behind you. Your friends hide the pipe and marijuana under a seat. You didn’t smoke the marijuana and you aren’t the one hiding it? Can you still get in trouble?
The answer is yes. You have knowledge of the substance and the paraphernalia. Also the possessions are in a common area shared with multiple people in this situation. It could stand to reason that you have the ability to control it. This is known as Constructive Possession.
According to the law, a person exercising Constructive Possession can be held to the same standard as someone exercising Actual Possession, meaning they have physical possession of the substance in question.
If you have been charged with possession of marijuana, contact the Raleigh criminal defense attorneys at Sparrow Law Firm.