Maryland cases involving contraband, such as a controlled dangerous substance or a handgun, require that the defendant have “possession” of the contraband. Of course, to be guilty of possession of drugs or a gun, that person must have that contraband in their “possession.” Possession can either be actual or constructive.
Actual Possession
This is typically what we think of when we say “possession.” Actual possession occurs when the contraband is physically on someone. For example, if someone has a bag of marijuana in their front pocket or a gun in their hand, that would be actual possession.
Constructive Possession
In Maryland, someone can be found guilty of possession if that possession is constructive. This means that even though the contraband is not physically on or carried by that person, the facts indicate that the person still “possessed” the illegal material. The State is required to show that someone had knowledge and dominion or control over the contraband.
There are a number of factors used to determine whether someone has constructive possession. The first factor is whether the person has ownership or control of where the contraband was found. For example, if marijuana was found in a vehicle–who is driving the vehicle? Who is the vehicle’s owner? Another factor is the location of the contraband in relation to the defendant. If marijuana is found in the side door of the front passenger seat, the person sitting in that seat is more likely to have possession than the person sitting in the back seat, or the friend standing next to the vehicle.
Additionally, the facts are examined to find whether the defendant had knowledge of the existence of the contraband. For instance, is the marijuana in plain view? Is it burnt marijuana that can be easily smelled? Is it hidden in a compartment? Those factors tend to indicate whether someone knew that the contraband was there.
A defendant in Maryland is not guilty of contraband unless the State can prove that someone had actual or constructive possession over the illegal substance. If you or someone you know is facing a charge for possession of a controlled dangerous substance, a handgun, or any other contraband, contact the Law Offices of Christopher L. Peretti today at 301-875-3472.