If the police arrest you after catching you with drugs that aren’t yours, you may hear the term “constructive possession” mentioned.
It means you may need to do more than tell a court the drugs were not yours to avoid a sentence. Otherwise, you could still be convicted, albeit for constructive possession rather than actual possession.
Did you know about the drugs and have control over them?
What the prosecution will need to show (if they want to see you sentenced) is that you knew about the drugs and had some amount of control over them.
For example, if your housemate put bags of cocaine under the lid of the toilet tank in your shared bathroom, you might have a hard time convincing the police it was there without your knowledge. Provided your flatmate did not lock the bathroom from the outside and take the key with them, you retained the ability to access those drugs and had control over them. You could be charged with constructive possession.
Imagine, however, that you and your housemate each have separate bathrooms and your roomie does lock the door to their bathroom and take the key with them. You can then easily say that you had no idea what was hidden in there — even if it’s bricks of cocaine under the sink. It would be less likely for a constructive possession charge to sit
If you are facing drug charges, do not underestimate how complex the law can be. Exercise your right to remain silent and get legal help to learn more about your defense options.