When charged with possession of drugs or guns, the prosecutor must prove that you had possession, but what if it wasn’t found on your person? Then they have to prove constructive possession, but what does that mean?
Drug Trafficking - The Presumption of a Greater Crime
A significant misperception exists surrounding the criminal charge of drug trafficking in Oklahoma. The critical element that escalates a charge from simple possession to the much more severe offense of trafficking is not proof of sale, distribution, or transportation. It is purely the weight of the substance found in a person's possession.