Drug Charge Dismissed Following Successful Constructive Possession Defense

Webster City, Hamilton County, Iowa.  A traffic stop on I-35 led to the discovery of marijuana in a car trunk.  The trooper cited the driver for speeding, but charged the passenger with possession of marijuana.

The drug defense attorneys at GRL Law have written before on the constructive possession defense.  This case presented yet another opportunity to raise it now on the passenger’s behalf.

Because the trooper did not discover the marijuana in our client’s actual possession, the state needed to prove beyond a reasonable doubt that she constructively possessed it.  That requires evidence that the passenger not only knew there was marijuana in the trunk, but she could also exercise dominion and control over it.

A tall order still when there’s contraband found in the passenger area perhaps in the center console or glove compartment.  Another thing altogether when marijuana is secreted in the trunk.

GRL Law knows that mere proximity to marijuana is not proof of possession.  Under the right circumstances, we can leverage the evidence to secure a dismissal.