What Is Constructive Possession?
Constructive possession is a theory that allows the State to prove possession of a controlled dangerous substance without showing that the substance was found on the accused’s person. Under Maryland law, possession means the exercise of actual or constructive dominion or control over the substance. Actual possession exists when the substance is on the person. Constructive possession exists when the accused has knowledge of the substance and both the ability and the intent to exercise control over it. Proximity alone is not enough. The State must prove both knowledge and control.
What Factors Do Courts Consider?
Maryland courts examine the totality of the circumstances. Relevant factors include the proximity of the accused to the substance, whether the accused owned or controlled the place where the substance was found, whether the accused had exclusive access to the area, the presence of personal items belonging to the accused near the substance, any statements made by the accused, and any evidence of mutual use or enjoyment of the substance. No single factor is decisive. The absence of exclusive control or knowledge can prevent a finding of constructive possession.
How Does Constructive Possession Differ from Actual Possession?
Actual possession is straightforward: the substance is found in the accused’s pocket, hand, or on the person. Constructive possession relies on inference. Because it depends on circumstantial evidence, constructive possession cases often turn on whether the State can prove both knowledge and the ability and intent to control. A passenger in a vehicle or a visitor in a home may be near a substance without possessing it. The State must connect the accused to the substance through more than mere presence.
What Is the Maximum Penalty for Possession of CDS?
Simple possession of a controlled dangerous substance other than cannabis is a misdemeanor under Criminal Law § 5-601. A first conviction carries a maximum penalty of 1 year in prison and a $5,000 fine. Subsequent convictions can carry enhanced penalties. Because the maximum penalty exceeds 90 days, the defendant may pray a jury trial and move the case from District Court to the Circuit Court for Baltimore County. Possession of cannabis in the personal-use amount is treated differently under the same statute.
Where Are These Cases Heard in Baltimore County?
Possession cases begin in District Court in Towson, Essex, or Catonsville, depending on the location of the arrest. Because the maximum penalty for a first offense exceeds 90 days, the defendant may pray a jury trial and move the case to the Circuit Court for Baltimore County, which sits only in Towson. Motions to suppress evidence obtained from an unlawful search are heard in the court that will try the case.
What to Do If You Are Charged with Constructive Possession
If you are charged with possession of a controlled dangerous substance based on constructive possession in Baltimore County, the charging document will show which District Court location was assigned. Shepard Law represents clients facing these charges in Towson, Essex, Catonsville, and the Circuit Court in Towson. Call (410) 648-4008 to schedule a free, confidential consultation. Criminal defense attorney Stephen P. Shepard can review the facts and explain what the State must prove.
Yes. Constructive possession requires knowledge of the controlled dangerous substance. The State must prove that the accused knew of the presence and illicit nature of the substance.
No. Ownership or control of the place where the substance was found is one factor, but it is not sufficient by itself. The State must also prove knowledge and the ability and intent to exercise control.
Yes. A passenger can be charged if the State proves knowledge and the ability and intent to control the substance. Mere presence in the vehicle is not enough.
For a first conviction of possession of CDS other than cannabis under § 5-601, the maximum penalty is 1 year in prison and a $5,000 fine.
Cases begin in District Court in Towson, Essex, or Catonsville and can be moved to the Circuit Court in Towson by a jury-trial prayer.
