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California Drug Possession Crime: ?Actual? Possession vs. ?Constructive? Possession

By Walin & Klarich

The most important thing to keep in mind when dealing with a charge involving drug possession in California is an understanding that "ownership" of the substance has little bearing on the question of possession. California criminal drug crimes are based on violations of laws that do not take into account whether the substance found actually belonged to you or another person. All the law concerns itself with is whether you were in possession of the item. For purposes of California law, possession can be one of two types: (1) actual or (2) constructive. Actual Possession refers to a situation where an individual has an illegal drug on their person. For example, someone who has a baggie containing cocaine in their pocket would be in "actual possession" of the cocaine...continue to full post

Full post as published by Southern California Criminal Defense Blog on May 24, 2009 (boomark / email).