I did not have drugs on me, can I still be convicted of possession? Isn’t possession nine-tenths of the law?

A lot of people mistakenly apply an old phrase “possession is nine-tenths of the law” to the wrong context. 

In Georgia, possession can be sole or joint, and actual or constructive.  There is no mathematical formula for the State to prove possession.  Here’s how the different forms of possession are defined:

Sole possession: one person is the only person in possession.  Example: John is the only person who owns his car and is the only person who drives it.  When he is driving it down the highway, John is the only person in possession of a car.

Joint possession: two or more people share in the possession of an item.  Example: a marijuana blunt is being passed around.  Even though one person passed the blunt to someone else, they all were sharing possession of the marijuana.

Actual possession: a person who has direct physical control of an item.  Example: the person with an oxycodone pill in their pocket is in possession of the pill.

Constructive possession: while not in someone’s direct control, circumstances indicate that they have the knowledge and intent to possess the item. Example: someone leaves their backpack at a friend’s house and there is a stolen firearm in the backpack.  Because the person did not intend to relinquish possession to the friend, and did not abandon the backpack, the circumstances show that they intended to maintain possession of the backpack and its contents.

“Possession is nine-tenths of the law” has nothing to do with being in actual or constructive possession of an item.  This phrase originates from the concept of “adverse possession” (also known as “squatter’s rights.”)  Adverse possession allows those who have trespassed continuously to claim title if the true title holder fails to take action within the statute of limitations. 

However, the phrase “possession is nine-tenths of the law” does not mean that just because someone is not in actual possession of an item that they could not be in constructive possession of it.

Unfortunately, the police often arrest and charge many people just by being in the proximity of hidden contraband— without any evidence that they knew about the contraband.  Knowledge and intent are essential elements for someone to be convicted of constructively possessing the item.

If you, or someone you know, has been charged with drug possession, you should call a criminal defense lawyer in Augusta, GA to discuss your case before it is too late.  Call 706-750-0501 for a case evaluation.