Like other “ constructive ” meanings, constructive possession legally functions as actual possession in a variety of ways. In criminal law, establishing constructive possession is often done to further prosecutions for possession crimes, such as possession of illegal drugs.

Constructive possession is often thrown around in criminal cases where a person is charged with the illegal possession of something that wasn't in his or her actual possession. The distinction can be hard to ferret out at times, but constructive possession is, in many cases, just as effective as actual possession in obtaining a conviction.

Constructive possession applies when an item belongs to someone but is not found directly on their person. To date, the most widely accepted definition of constructive possession requires the State to prove that the defendant had “ knowledge of the item in question and had the intent to maintain dominion and control over the item.”

Constructive possession exists when someone does not have physical custody or possession, but is in a position to exercise control over something. For example, the driver of a car may be found to be in constructive possession of marijuana found inside the car's glove compartment.