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What is possession of a controlled substance?

Posted on September 15th, 2017

What is possession of a controlled substance?

What is possession of a controlled substance? In the nature of drug charges, one of the most common bases that the government uses to accuse and charge somebody is on the basis of constructive possession.

What is constructive possession? Constructive possession is where a police officer would stop a motor vehicle with a driver and multiple passengers. And, as a result of a search, they determined that there were drugs in the car. Constructive possession means that the substance is within the control of an individual. In order for the government to prove constructive possession, they need to establish that their target defendant is aware of the item and was in control of it.

In Pennsylvania, the felony charges possession with intent to deliver. That is the drug dealing charge in Pennsylvania. It is not simply cases where somebody is caught in the act of selling or distributing any illegal substance. But also if they have enough of the substance or other circumstantial evidence to suggest that they’re actually in the process of distributing.

Have you been charged with possession of a controlled substance? Give us a call at Ciccarelli Law Offices. Our team of experienced attorneys is here to help.