When a person thinks of Tulsa drug possession, the first thing that comes to mind is an illegal substance in someone’s pocket or purse. Oklahoma defines this as actual possession, when a person knowingly has direct physical control over the substance at any given time. The more malleable way for a law enforcement officer to charge a person with possession is something the law recognizes as “constructive possession”.
Oklahoma recognizes constructive possession as when a person lacks actual drug possession, but knowingly has the power and intention to exercise dominion or control over the drug. You might say, what is the power and intention to exercise dominion? This determination comes down to the actual facts and circumstances of your individual situation. A person can have constructive possession even if a friend has actual possession of the drugs, but the person is aware of it and shares in the right to use the substance. Power and intention to exercise dominion is typically proven by circumstantial evidence.
“We have, however, repeatedly held that proof of mere proximity to a prohibited substance is insufficient. Whether the case is tried on the theory of sole or joint possession, proof that the accused was present at a place where drugs were being used or possessed is, in and of itself, insufficient to justify a finding of possession. There must be additional evidence of knowledge and control.”
If you have been charged with drug possession, it is important you speak with an Tulsa drug possession attorney regarding your specific case and circumstances. I offer free consultations and have payment plans available.