April Purvis, the mother of Whitney Purvis who starred in the MTV reality show "16 and Pregnant," was arrested for misdemeanor possession of marijuana and felony possession of methamphetamine following a traffic stop earlier this week. April and Whitney's storyline was particularly memorable because the mother-daughter pair were both pregnant and gave birth at around the same time. April and a man were both arrested after police found marijuana in the vehicle they were in. The methamphetamine ("meth") was discovered in April's purse.
While it might seem strange for two people to be charged with drug possession for the same marijuana, it is not uncommon. There are two types of possession – actual possession and constructive possession. Actual possession means that the person is actually exercising control over the drugs (or other property) at the time. For instance, the person might have the drugs in their hand, pocket, purse, backpack or briefcase. Constructive Possession means that you have the ability to exercise actual physical control over the drugs (or other property), but that you are not exercising control over the drugs at that moment. For instance, drugs kept in someone's car, bedroom or safe deposit box when the person is not there would be considered in that person's "constructive possession."
Possession can also be exclusive or joint. Exclusive possession means that the person charged is the only one who is exercising control over the drugs. Joint possession means that more than one person has control over the drugs, and as a result more than one person can be charged.
In April's case, since the marijuana appears to have been lying out in the open where both people would have known it was there and both had the ability to exercise control over it, it appears they will both be charged with possession of the marijuana. This would be an example of joint constructive possession. However, the methamphetamine was found only in April's purse. Therefore, it appears that she will be the only one being charged with possession of the meth. This is an example of exclusive actual possession.
The law regarding possession can be complex. If you or someone you know is charged with Possession of Marijuana, Possession of Methamphetamine, another Las Vegas Drug Offense or a Federal Drug Offense, it is important that you contact a Las Vegas Drug Crimes Lawyer right away. A Las Vegas Drug Crimes Lawyer can assist you in analyzing the facts of your case to see if you can be properly charged with possessing drugs. The Las Vegas Drug Crimes Attorney can also help identify appropriate defenses and develop the most aggressive litigation strategy available to protect your legal rights.