There can be serious consequences if a passenger is in possession of drugs in your car. If police find drugs in a car, the driver, passengers, or a combination of both can be charged with possessing drugs. This means that you may be charged even if the drugs do not belong to you or are not on your person. This is because police may find that you are in constructive possession of the drugs.

Actual vs. Constructive Possession

While actual possession of drugs occurs when police find drugs on you or in your personal belongings, constructive possession of drugs occurs when police believe that you possess drugs but they are not in your direct physical control. Using the example above, police may charge you with constructive possession because they may believe that you have some level of responsibility over the drugs in your car.

If you have been charged with drug possession, it is important to contact a lawyer as soon as possible. Do not hesitate to contact our office at (905) 541-2228 or fill out a form for a free consultation.