Living in a dormitory can be fun, until you realize that this arrangement comes with a legal vulnerability. If your roommate inadvertently or intentionally leaves a bag of marijuana in the common area, you could face a drug possession charge even if you never touched it.
This counts as constructive possession. Understanding its nuances is the first step to protecting your future.
What does constructive possession mean?
In Wisconsin, the courts do not have to find marijuana in your pocket or in the bag you are currently using to charge you with possession. They can arrest you for constructive possession, which means that the drug is not within your actual physical control at the time.
But before the courts can convict you of this specific drug charge, you must satisfy these two factors:
- You know the item is a controlled substance.
- You can access the item and have the intent to exercise control over it.
Despite the case’s complexity, it is possible to have a defense for constructive possession. Attorneys can use these defenses to protect you:
- Lack of knowledge: You did not know anything about the drugs.
- Lack of intent: You did not have the intent to possess the drugs.
- Lack of control: You did not have access to where the drugs were located.
- Mere proximity: Your attorney can argue that simply being near the drug is not enough for a conviction.
A marijuana conviction in Wisconsin can put you at a significant disadvantage. Not only can you face suspension from your school, but you can also face up to six months of jail time.
Protecting your clean record
Facing a constructive drug possession charge can feel hopeless. However, it is important to understand that there is still a way to handle this. Seeking legal counsel is the best step forward in protecting your rights and future.
