Constructive Drug Possession in Virginia
The Quick Take - Constructive Drug Possession
If police find narcotics in a friend’s car, a shared apartment, or even a locked glove box you can’t open, you may still be arrested under constructive possession. Prosecutors do not have to prove the drugs were in your pocket; they need only show that you knew the substance was there and could exercise dominion and control over it. Va. Code § 18.2-250 supplies the penalties, and recent case law shows courts are willing to infer knowledge from small details. law.lis.virginia.gov
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What Counts as Constructive Possession?
Virginia courts break the theory into two elements:
Knowledge – You were aware of both the presence and character of the drug.
Control – You had the ability and intent to exercise authority over the place where the drug was located.
Neither element stands alone. For example, merely sitting near a bag of pills is not enough, but proximity plus an incriminating statement or a furtive movement often tips the scales.
Common Scenarios We See
Passenger arrests after a routine traffic stop.
Shared apartments where contraband is found in a common living area.
Borrowed vehicles, especially when the driver disclaims ownership.
Locked containers where prosecutors argue you had the key or combination.
In each situation, the Commonwealth piles up circumstantial evidence—fingerprints, cell-phone texts, the smell of marijuana, or even “nervous behavior”—to show both knowledge and control.
Penalties Under Va. Code § 18.2-250
Schedule I or II – Class 5 felony: 1 to 10 years in prison and/or up to $2,500 fine. License suspension and loss of firearm rights are common collateral consequences.
Schedule III – Class 1 misdemeanor: Up to 12 months in jail and/or up to $2,500 fine.
Schedule IV – Class 2 misdemeanor: Up to 6 months in jail and/or up to $1,000 fine.
Schedule V – Class 3 misdemeanor: Fine up to $500 (no jail time).
Schedule VI – Class 4 misdemeanor: Fine up to $250.
2023 Drug-Arrest Trends in Virginia
The Virginia State Police recorded 17,064 arrests for drug and drug-equipment violations in 2023—a year-over-year 18 % increase after several pandemic-era vsp. While lawmakers debate reform, prosecutors remain aggressive when multiple people occupy a vehicle or home.
How Recent Case Law Tightens the Net
Commonwealth v. Garrick (Va. Sup. Ct. 2024) reinstated a heroin conviction after the Court of Appeals had tossed it, finding that the defendant’s evasive answers and proximity to a stash in his car proved knowledge and control.
Moore v. Commonwealth (Ct. App. 2024) confirmed that exclusive control of a vehicle plus drug paraphernalia within reach can satisfy constructive possession even without fingerprints.
These rulings make it tougher to win a straight dismissal and underscore the need for a tailored defense.
Defense Strategies We Deploy
Attack the Knowledge Prong – Show lack of awareness: borrowed car, sealed container, or no personal items nearby.
Challenge Control – Highlight absence of exclusive access (multiple roommates, rideshare scenario).
Suppress Illegally Seized Evidence – Unlawful search or traffic stop can gut the case before trial.
Expose Weak Circumstantial Links – No fingerprints, DNA, or admissions? The Commonwealth’s inferences unravel.
Leverage Treatment Options – First-offender or deferred-disposition programs may avoid jail and preserve your record.
Protect Your Rights at the Scene
Stay Polite, Stay Silent. You must provide ID and basic documents, nothing more.
Never Consent to a Search. Politely decline; forcing the officer to get a warrant preserves later challenges.
Ask for Counsel Immediately. Once you request a lawyer, questioning must stop.
*Learn more, visit our Know Your Rights page.
Why Clients Across Northern Virginia Turn to Battlefield Law Group
Focused criminal and drug-charge defense backed by continuous legal-education training.
Courtroom-tested attorneys serving Prince William, Fairfax, Loudoun, Stafford, Culpeper, and surrounding jurisdictions.
Compassionate guidance from first call to final resolution—clients are treated like family, not case files.
Facing a constructive-possession charge? Call 571-364-0500 or email info@battlefieldlawgroup.com to request a confidential consultation today.
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Disclaimer: This article is for informational purposes only and does not create an attorney-client relationship. Every case is different; consult a qualified lawyer about your specific situation.
