---
title: "What is constructive possession in Massachusetts drug cases?"
description: "Constructive possession means the drug was not on your person but in a place you controlled (car, home, bag). The state has to prove you knew the drug was there AND had the ability to exercise..."
url: https://massduiguy.com/faq-items/what-is-constructive-possession-in-massachusetts-drug-cases/
date: 2026-07-01
modified: 2026-07-01
author: "Criminal Defense Attorney Rory Munns"
type: avada_faq
lang: en
---

# What is constructive possession in Massachusetts drug cases?

Constructive possession means the drug was not on your person but in a place you controlled (car, home, bag). The state has to prove you knew the drug was there AND had the ability to exercise control. Mere presence at a location where drugs were found is not enough. Cases with shared spaces often fall apart on this element.