The war on drugs has been waged for over three decades at this point, and it doesn’t seem like there’s an end in sight any time soon. Whether one is charged with simple possession or possession with intent to distribute affects the punishment a defendant may face. Except in cases involving a sting operation where he or she has been arrested in the act of distributing illegal drugs, prosecutors may attempt to show this intent by using an inference based upon the amount of drugs found, or the coupling of drugs with other items, such as cash or weighing tools found when a search was conducted. Law enforcement may attempt to build a case against a person for drug possession even if the individual did not actually possess the drugs at the time of a search or arrest. This can be done because of a legal concept of constructive possession. Constructive possession differs from actual possession in regard to where the drug is discovered by law enforcement. Illegal drugs found in one’s vehicle or house, for example, may lead to a charge of drug possession even if one was in a different city at the time of the discovery. This is because a court may consider that items in a place over which a defendant has control are, in fact possessed by the defendant. Possible defenses include showing that the defendant is not the only one having control and access to the area in question. Evidence of a roommate or someone else who regularly uses a vehicle might help in creating reasonable doubt for constructive possession. These defenses can get highly technical however, and those facing drug crimes charges need to consult an experienced Georgia criminal defense attorney at Banks, Stubbs & McFarland LLP.