Caught with Drugs That Aren’t Yours? What Georgia Law Says About Constructive Possession
At The Spizman Firm in Atlanta, one of the most common questions we hear in drug-related cases is, “How can I be charged with possession if the drugs weren’t mine?” The answer lies in a legal concept called constructive possession. In Georgia, you don’t need to physically hold or own illegal drugs to be charged with possession. Simply being in a position where you could control or access them may be enough. Understanding how constructive possession works — and how the State proves it — is critical if you’ve been accused of a drug crime you didn’t commit. Our Atlanta Drug Crimes Attorneys are here for you.
What Is Constructive Possession?
Under Georgia law, drug possession comes in two forms:
- Actual Possession – When drugs are found directly on your person (in your hand, pocket, or bag).
- Constructive Possession – When drugs are not found on your person, but you are believed to have the power and intent to control them.
For example, if police find drugs in the glove compartment of a car you’re driving, or under the seat where you were sitting, they may argue that you had constructive possession — even if the drugs belonged to someone else.
Elements the State Must Prove
To convict someone of drug possession through constructive possession, prosecutors must prove two key elements:
- Knowledge: You knew the drugs were present.
- Control: You had the ability and intent to exercise control over the drugs, even if they weren’t physically on you.
It’s not enough for drugs to be found nearby — the State must establish that you knew they were there and had the ability to control them. In group settings, such as in a shared home or vehicle, proving these elements becomes more complicated.
Common Scenarios Where Constructive Possession Is Alleged
- Drugs found in a shared car, especially if you’re the driver.
- Drugs located in a home or apartment where multiple people live.
- Drugs discovered in public places like hotel rooms or parks where you were present.
In each of these cases, prosecutors will try to tie you to the drugs using circumstantial evidence — such as your proximity, behavior, fingerprints, or statements made at the scene.
How a Lawyer Can Help
Being charged with possession through constructive possession doesn’t automatically mean a conviction. An experienced attorney can challenge the State’s evidence by arguing:
- You didn’t know the drugs were present.
- You had no control over the area where the drugs were found.
- The drugs belonged to someone else.
- There is insufficient evidence tying you to the drugs.
At The Spizman Firm, we aggressively defend clients charged with drug crimes, especially in cases involving questionable possession claims.
Serving Clients Across Georgia
If you’ve been charged with drug possession in Georgia — and especially if the drugs weren’t yours — don’t assume you’re out of options. At The Spizman Firm, we understand how Georgia’s constructive possession laws work and how to challenge weak or unfair charges. We serve clients throughout Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. Contact us today for a confidential consultation and a strong defense.
