What does it mean to “possess” illegal drugs?

Drug possession is the crime of possessing one or more controlled substances. A controlled substance is a drug (such as marijuana, cocaine, heroin or medication obtained without a valid prescription) that is regulated by the government.

In a drug possession case, the government must prove beyond a reasonable doubt that you were in possession of an illegal substance. Being charged with a drug possession crime does not necessarily mean that the government has enough evidence to prove its case against you. Merely being in the presence of illegal drugs, or associating with people who have drugs is not enough.

How do you know whether you are, or have ever been, in possession of illegal drugs? Keep reading to see whether any of the following categories apply to you:

You and another person own or hold an illegal drug together.
Massachusetts law recognizes that you may “possess” a drug even if you are not the only person who owns or holds on to it. For example, if you own and share a stash of marijuana with a friend who agrees to keep the stash at his house for both of you to use, you are in joint possession of the marijuana (no pun intended).

You have knowledge of an illegal drug and you have the ability and intent to exercise control over it.
You can be in “possession” of a drug even if you don’t keep it close to you. For example, you are in possession of any drug that you keep locked away in a safe deposit box at your bank or hidden at home in your kitchen cabinet. The government considers a drug to be within your possession if you have knowledge of the drug and you have the ability and intent to exercise control over it. This is known as constructive possession.

You have physical control or custody of illegal drugs.
You “possess” anything that is in your direct physical control or custody. For example, you’re in possession of whatever is in your pockets, wallet or purse right now. This is called actual possession.  In cases like that,  the government must prove that you knew about the drug.

Whether the government can prove  possession will ultimately depend on the specific facts of your case.

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