What is joint possession of drugs?

Joint possession of drugs is a form of drug possession in which more than one person can be in possession or custody of the drugs at the same time. To establish joint possession the Crown Prosecutor must prove that someone other than the accused had possession of the drugs, with the accused’s knowledge and consent and with some degree of control over the drugs.

Constructive possession and joint possession of drugs are very similar concepts in law. Constructive possession is possession of drugs without actually handling it, but having it under your control. A classic example of constructive possession is where the accused had a key to a locker which the accused knew to contain drugs.

To prove joint possession, the Crown must prove the additional element of consent. It must be shown that the accused consented to another person possession the drugs, in addition to knowledge and control.

About Cory Wilson

Cory has represented individuals from all walks of life including lawyers, police officers, athletes, corporate executives, teachers, and everything in between. Cory believes in access to justice for every person charged with a criminal offence regardless of their economic background.