Yes, you can. Having drugs on your person is not the only way you risk facing arrest. In Tennessee, the presence of illegal substances around you could expose you to constructive possession charges even if the drugs are not actually yours.
Proximity to drugs may not justify a criminal charge
Individuals do sometimes face arrest for drugs they do not own or are physically holding. Constructive possession occurs when law enforcement finds drugs near someone rather than on them. The police may arrest or question individuals who knew about, had reasonable access to or intended to use the substances.
For example, you may be brought in for questioning if a passenger in your car carries drugs or if you live with a roommate who uses them.
However, to convict you of constructive possession, the state must prove:
- The drugs are illegal.
- You were aware of the drug’s presence.
- You had the ability to exercise control over the drugs.
- You intended to exercise that control.
The penalties for constructive possession may be as severe as those for actual possession, including jail time and costly fines. Yet simply being around drugs is not enough to establish knowledge or control.
Proving constructive possession is challenging, but defending against it may be just as difficult. If you are facing this situation, consider seeking legal representation immediately. Having an experienced lawyer to guide you may prevent life-changing mistakes and provide a stronger chance of mounting a solid defense.