How constructive possession can lead to drug charges in Illinois

Many people believe they can only face drug charges if police catch them with drugs in their hands or pockets. That’s not always true. Illinois law also allows charges based on “constructive possession.”

What is constructive possession?

Constructive possession happens when the police believe you had control over illegal drugs without physically holding them. For example, if officers find drugs in your car’s glove box or under your bed, they may still charge you. They only need to prove you knew the drugs were there and had control over the space where they found them.

For example, consider what could happen if a friend left drugs in your car. If you know the drugs are in the vehicle and don’t remove them, the police can say you had constructive possession. The same thing can happen if you live in an apartment with others and someone keeps drugs in a shared drawer. If the police believe you had access and knew about the drugs, they can still charge you, even if the drugs belonged to someone else.