Understanding Constructive Possession in Drug Cases
At the West Michigan Defense Team, we know how confusing and intimidating it can be to face a criminal charge, especially for something as serious as drug crimes. In Grand Rapids, Michigan, many people are surprised to find themselves accused of possession when they were never actually caught holding any illegal substances.
That’s because Michigan prosecutors can use a legal theory called constructive possession to pursue charges, even when there’s no physical possession involved.
Below, we’ll break down what constructive possession means, how prosecutors try to prove it, and what legal options may be available if you're facing these types of accusations. While drug cases can feel like an uphill battle, understanding the law and how it’s applied can help you protect your future and make more informed decisions about your defense.
What Constructive Possession Means
Constructive possession occurs when someone is accused of having control over drugs without actually holding or carrying them. In contrast to actual possession, when a person physically holds a substance, constructive possession is more about proximity, access, and the ability to control the item.
To prove constructive possession, prosecutors usually rely on circumstantial evidence. For example, if police find drugs in a car you’re driving or in a shared living space, they may argue that you had control over those drugs—even if they weren’t on your body or in your personal belongings.
Constructive possession is used in a wide range of drug crimes, including those involving:
Marijuana
Cocaine
Heroin
Methamphetamine
Prescription medications obtained illegally
Even if the drugs belong to someone else, you can still be charged if the state believes you knew about the drugs and could exercise control over them.
Key Elements Prosecutors Must Prove
In Michigan, prosecutors must prove two primary elements to establish constructive possession:
Knowledge: The defendant knew the drugs were present.
Control: The defendant could exercise control or dominion over the drugs.
Both elements are necessary. Simply being near drugs isn’t enough to convict someone. If a person had no knowledge that the drugs were there or no authority to control them, the state’s case becomes significantly weaker.
Let’s take a closer look at the types of evidence prosecutors often rely on:
The drugs were in plain view within the defendant’s reach.
The defendant owned or leased the vehicle or property where the drugs were found.
The drugs were found with personal items like ID, mail, or clothing.
There were no other people nearby who could reasonably claim ownership.
The defendant made incriminating statements during or after the arrest.
Each case is fact-specific, and one piece of evidence on its own usually isn’t enough. Prosecutors often try to build a narrative using several details that, when combined, paint a picture of constructive possession.
Common Scenarios Where Constructive Possession Is Alleged
Constructive possession is most commonly alleged in scenarios where multiple people are present or where drugs are found in shared or neutral spaces. These situations make it easier for law enforcement to accuse someone even when the facts aren’t clear-cut.
Here are a few common scenarios:
Traffic stops: Drugs found under a seat, in a glove compartment, or a shared console may lead to charges for the driver or all passengers.
Shared apartments or houses: If drugs are discovered in a common area, like a living room or kitchen, everyone living in the space may be scrutinized.
Backpacks or bags left behind: A bag left in a car or room that contains both drugs and personal items can lead to constructive possession accusations.
Hotel rooms: A rented hotel room registered in your name with drugs found inside can serve as the basis for charges, even if others had access.
In each of these cases, the state tries to connect the accused to the drugs indirectly, often based on who had access and what other circumstantial evidence exists.
How Constructive Possession Affects Drug Crimes Charges
Drug crimes in Michigan can carry severe penalties, even more so when they involve intent to distribute or manufacture. Constructive possession charges can apply to any type of possession case, including:
Simple possession
Possession with intent to deliver
Possession of drug paraphernalia
Maintaining a drug house or vehicle
Penalties vary depending on the substance and the amount in question, but may include:
Jail or prison time
Thousands of dollars in fines
Driver’s license suspension
Mandatory probation or treatment
A permanent criminal record
In constructive possession cases, the absence of direct physical evidence doesn't always prevent conviction. That’s why it’s so important to work with a legal firm that understands how to pick apart the state’s arguments.
Legal Defenses That Challenge Constructive Possession
Just because you’ve been charged with drug crimes under a constructive possession theory doesn’t mean you’re guilty. There are many effective legal strategies available to fight back.
Here are some common defenses:
Lack of knowledge: If you didn’t know the drugs were present, you can’t be convicted of constructive possession.
Lack of control: If you had no power to access or manage the drugs, the possession charge becomes harder to justify.
Presence of other people: If others had equal or greater access to the area or vehicle, it casts doubt on who the drugs belonged to.
Illegal search and seizure: If law enforcement violated your Fourth Amendment rights during the investigation, the evidence may be thrown out.
Mistaken identity or false accusations: In some cases, drugs are planted, or the wrong person is blamed.
Each defense strategy requires a careful analysis of the facts, witness statements, police reports, and any physical evidence gathered by investigators.
Why Constructive Possession Cases Are Often Challenged in Court
Constructive possession cases are sometimes weak because they rely heavily on assumptions rather than concrete proof. Michigan courts have dismissed or overturned convictions where the evidence failed to show both knowledge and control.
Some reasons these cases fall apart include:
The drugs weren’t in a spot linked to the defendant.
Others had access to the area or the container.
There was no forensic evidence connecting the defendant to the drugs.
The defendant had no criminal history or motive.
Police procedures were flawed or questionable.
These weaknesses make it critical for the defense to investigate thoroughly, challenge assumptions, and expose holes in the prosecution’s theory.
What to Expect During the Legal Process
If you’re charged with constructive possession of drugs in Michigan, the legal process may unfold in several stages:
Arrest and booking: You’ll be taken into custody and charged with a drug offense.
Bond hearing: A judge determines whether you’ll be released while awaiting trial.
Preliminary examination: The court evaluates whether there’s enough evidence to proceed.
Motions and discovery: Your attorney can file motions to suppress evidence or dismiss charges.
Plea negotiations or trial: Depending on the strength of the case, you may consider a plea deal or fight the charges at trial.
Throughout each stage, having an attorney who understands Michigan’s drug laws is critical. Your lawyer can challenge evidence, negotiate with prosecutors, and develop a strategy tailored to your situation.
Working With an Experienced Criminal Defense Attorney
When you’re facing drug crimes charges, you need a defense attorney who understands how to dismantle the case from every angle. Constructive possession cases, in particular, require deep knowledge of search laws, constitutional protections, and evidentiary rules.
Attorney Jeffery T. Kortes of the West Michigan Defense Team brings decades of courtroom experience to each case. He understands how to question police procedures, challenge weak inferences, and develop strong defense theories that resonate with judges and juries.
If you're under investigation or have already been charged, the time to act is now. The sooner you start building your defense, the more options you’ll have for a positive outcome.
Contact the West Michigan Defense Team Today
We know how stressful it can be to face allegations of constructive possession, especially when you're being blamed for something you didn't touch or control. In Kalamazoo, Holland, Grand Haven, Muskegon, and throughout Western Michigan, we help people push back against these kinds of drug crimes charges daily.
If you or someone you love is caught in this kind of situation, we're here to listen and fight for your rights—because everyone deserves a strong defense.
