Attorney
Yes, you can be charged with drug possession even if the drugs do not belong to you. In Massachusetts, prosecutors may rely on a legal theory called constructive possession, which focuses on whether you knew about the drugs and had the ability to control them, not whether you owned them. These cases are common and often depend heavily on context and evidence.
What Does “Possession” Mean Under Massachusetts Law?
Under Massachusetts law, possession does not require drugs to be found in your hands or pockets. Instead, the court looks at whether the state can prove possession beyond a reasonable doubt.
Possession generally falls into two categories:
- Actual possession, where drugs are found directly on you
- Constructive possession, where drugs are nearby or in a place connected to you
Most cases involving drugs that “aren’t yours” are based on constructive possession.
What Is Constructive Possession?
Constructive possession means the state claims you had both:
- Knowledge that the drugs were present, and
- The ability and intent to control those drugs
Both elements must be proven. Being near drugs, by itself, is not enough. Prosecutors must show a meaningful connection between you and the substance.
How Prosecutors Try to Prove Constructive Possession
Because constructive possession is not obvious, prosecutors rely on circumstantial evidence. This may include:
- Where the drugs were found
- Whether the area was shared or private
- Statements made to police
- Personal items located near the drugs
- Whether you had access to the location
No single factor is decisive. Courts look at the overall picture.
Common Situations Where Constructive Possession Is Alleged
These charges often arise in everyday situations, including:
- Drugs found in a shared car during a traffic stop
- Substances located in an apartment with roommates
- Drugs discovered in a common area, such as a living room or kitchen
- Items found in a bag, jacket, or container that belongs to someone else
In these scenarios, the key question is not ownership, but connection.
Can More Than One Person Be Charged for the Same Drugs?
Yes. In some cases, multiple people may be charged based on alleged shared control or access. This often happens in vehicles or shared living spaces.
That said, charging multiple people does not mean the evidence against each person is equally strong. Each case must stand on its own.
What Weakens a Constructive Possession Case?
Constructive possession cases are often defensible because they rely on inference rather than direct proof. Factors that may weaken the state’s case include:
- Lack of exclusive access to the area
- No fingerprints or personal property linking you to the drugs
- No statements showing knowledge
- Evidence that someone else had stronger control or access
The absence of clear evidence can create reasonable doubt.
Why These Cases Require Careful Early Decisions
Drug possession charges based on constructive possession often begin in local courts such as Worcester County District Court, where early decisions about bail, conditions, and case strategy are made quickly.
How the situation is addressed early can influence how the case develops, including whether charges are reduced, dismissed, or pursued further.
Legal Help for Drug Possession in Worcester
Being charged with drugs that are not yours does not automatically mean a conviction is likely. These cases turn on details, evidence, and the state’s ability to prove knowledge and control.
If you are facing a drug charge under a constructive possession theory, Geraghty Law can help. Contact us today to consult with an experienced drug crimes attorney.
