You can face a drug possession charge even when police do not find drugs in your pocket, hand or clothing. South Dakota law can apply when prosecutors claim you knowingly possessed a controlled substance found somewhere you could control. This situation often comes up when police find drugs in a shared home, vehicle or personal belongings.
If police arrest you after finding drugs near you rather than directly on you, the details of where officers found the substance and what you knew about it may become important.
What does constructive possession mean?
Constructive possession generally refers to a situation where you do not physically hold a drug but allegedly have knowledge of it and control over where it is located. For example, police might find a controlled substance inside a vehicle you drive or in an area of a home you control.
However, simply being near drugs may not necessarily establish possession. If several people have access to the same space, the circumstances may raise questions about who knew the drugs were there and who had control over them.
How does South Dakota law address drug possession?
South Dakota Codified Law prohibits knowingly possessing a controlled drug or substance unless an exception applies, such as a valid prescription or another legal authorization. The law classifies unauthorized possession of Schedule I or II substances as a Class 5 felony. Possession of Schedule III or IV substances generally falls under a Class 6 felony.
The unauthorized possession of most controlled substances is strictly treated as a felony offense.
- Controlled substances: Unlawful possession generally carries a felony charge. Penalties may include prison time, fines, license suspension and a criminal record.
- Marijuana possession: Possession of two ounces or less generally qualifies as a Class 1 misdemeanor. Larger amounts may lead to felony charges based on weight and alleged intent to distribute.
- Ingestion of a controlled substance: First and second offenses generally qualify as Class 1 misdemeanors. A third or later violation may qualify as a Class 6 felony.
These facts can become especially important when you share a home or vehicle with other people.
What can happen after a constructive possession arrest?
A constructive possession arrest does not necessarily tell you how the case will end. The specific substance, where police found it and the evidence supporting the alleged drug possession can all affect the charge and potential consequences.
If you face this type of charge, the evidence surrounding the alleged possession can be just as important as the fact that police found drugs nearby. Knowing what prosecutors must establish may help you better evaluate the allegations against you.