Can the owner of a household be penalized if a resident has drugs? 48 Answers as of October 06, 2011

Absolutely, especially if the owner knows and does nothing. this is especially true if the person is manufacturing or selling out of the home. The owner could run the risk of a forfeiture action, or the house could even be condemned if it is being used to manufacture, especially methamphetamines.

If the police find drugs in a house they have to prove that they were in possession and control of the person they want to charge. This includes anyone in the house and the owner. If they believe that the house was a drug house then they could cease the house.

If the contraband is found in a common area which is accessed by others, there is a possibility that any person with legal residence in the home may be charged with possession.

yes. the owner of property is subject to the forfeiture of property if a nexus between the property and the illicit drugs or drug paraphernalia is shown

The homeowner could only be charged if the prosecution can prove that he or she "constructively" possessed the drugs. Constructive possession is a theory used by the prosecution when a person is not found to be in actual physical possession of the drugs. The state must prove that the homeowner knowingly possessed the drugs with the resident and that the homeowner knew the the drugs were in fact a prohibited controlled substance. The state would need to establish facts showing that the drugs were found in a location were others had access and that the homeowner knowingly exercised physical control over the drugs.

It is possible. It depends on the facts of the individual case and there are so many possible scenarios that it is impossible to say without knowing all the facts.

If the owner knows about it, possibly. If the owner of the house is totally innocent and unaware of what's going on, he or she will probably not get in trouble.

I would need further information, such as did the other members of the house know drugs were there etc. There are charges that could be brought against the owner and/or other members of the house depending on all the facts and circumstances which you should tell an attorney that you should hire if you do get charged.

If it can be proven that the owner knew of the existance of the drugs in the home, the owner could be charged too.

If the home is located in a public housing project then the owner can be kicked out of the apartment. If the police believe that the home owner is participating in the drug activity then they can be criminally charged with possession.

If the owner allowed drug use on his premises, he can be criminally liable.

I cannot categorically say that the owner cannot, or will not, be "penalized" (do you mean charged with a crime?) if a resident has drugs. Obviously, it depends upon the specific circumstances of this situation. Two people can surely be charged with possession of the same narcotics. On the other hand, if the drugs were your resident's, then you should not cave in to any plea bargain, or even accept Drug Diversion (PC 1000), just because you are eligible. Make the District Attorney prove it!

Only if the DA can prove you knew about the existence of the drugs and you took some sort of legal "control over them".

It depends, there's no hard and fast rule on such things. If there is evidence (including just testimony) that someone else in the household also possessed the drugs then s/he can be charged. For example, if there is paraphernalia in another room then this might be indicia that someone else was using the drugs as well.

Generally no, unless the police can establish their complicity in the crime, in some manner. Of course, they would have to establish that the owner had knowledge that the drugs were there.

Possibly. Depends on the facts. What was going on. If just simple possession, nothing. Sales would or could be a different situation. Hire counsel.

Yes if the owner knew the drugs were present and had access to them.

I would need more facts. I would say generally no, but if the house is used to sell drugs out of or to manufacture drugs the owner may have problems especially if they had any knowledge or perhaps encouraged these events.

A homeowner can be an accessory to a possession charge, and could be charged as maintaining a drug house if drugs and knowing stored or sold from the home. These are examples, and I am sure that there are other potential charges. I hope that this was helpful.

Any crime that you could be charged with as the owner of the home would necessarily involve the State proving knowledge on your part. I suggest you consult an experienced Criminal Defense attorney to discuss your case in greater detail and learn all of your rights and options.

The other members of the household can be arrested and charged with possession as well. The question is whether they can be convicted beyond a reasonable doubt. If another member of the household is charged, will they accept a plea bargain to make the case go away with a good settlement or will he or she stand up and take the case to trial. With a court appointed attorney, probably he or she will be manipulated into a plea. If the owner has knowledge of the drugs, he or she is just as in possession as the tenant who is physically holding the drugs.

Technically no, but possession is often ambiguous, so just being in the same place is trouble.

They can all be charged with possession of the same quantity of drugs if they have knowledge and mutual access.

Other members of the household can be at risk if it can be proven that they knew the drugs were there and had access to them. It is called "joint possession". (And I don't mean possession of a "joint"). Joint possession means more than one person can possess the same thing at the same time.

It depends on the provable relationship between the people and between the people and the drugs. The question is far too broad for any meaningful response. But there obviously can be joint possessors of drugs, and that is often defined by who is where and when and doing what.

It depends. If they can show that you knew about it and let the drugs be there then you could possibly get in trouble on an aiding and abetting theory.

Yes. The police can claim that they possessed it as well.

If they can prove that the drugs belong to them, yes.

In Washington the crime of unlawful possession of a controlled substance does not require either intent or knowledge, therefore the owner of a residence can be charged even if a guest brings drugs to the residence and the owner is unaware. If so charged, the defendant must use the defense of "unwitting possession".

That depends on the legal definition of "possession." Possession includes actual physical possession. Possession also means constructive possession. That is defined as being able to exercise "dominion and control over the drugs". So if the drugs were located in a common area, everybody legally possessed them.

Usually, if there is no connection between the drugs and the others in the house, only the one with drugs will face consequences. But, if the drugs are in a common room and they cannot figure whose they are, all can be charged. At trial, the prosecutor has to prove beyond a reasonable doubt that you are connected with the drugs - that you knew they were there and you knew what they were and that you had possession or control over them. This can be tough to do.

Yes. Asset forfeiture laws could be used to seize the house or cars involved, criminal conspiracy charges could be brought against everyone involved.

It depends. Drug possession means that a person has the right to control the drugs. That means if you do not have the drugs on your person, but the drugs are in the nightstand or dresser in your bedroom and you are the only occupant, those drugs are likely in your possession. Things become more problematic if drugs are in a part of the house where everyone has accessliving room, kitchen, bathroom, laundryroom, garage, etc. When drugs are found in a common area, there is a larger pool of "suspects", expecially if everyone in the houseuses drugs.

Strictly speaking, drugs belonging to your roommate are his problem and not yours. But this assumes of course that the police believe you when you say the drugs are his and not yours. And therein lies the rub. If you have a roommate who has drugs in the house, you are running the risk in the event of a bust that the cynical police might not believe your protestations that they are his drugs and not yours. And of course your roommate might say that they are yours and not his. So who will the cops, or the jury believe? Personally I'd find another roommate or another place to live.

The law is clear that others who are charged with drugs must have actual care control custody or management to be found guilty.

If the drugs are in plain view when the police arrive, anyone in that room will likely get arrested. The police may even arrest everyone in the house.

The owner of the household will likely be investigated to determine whether or not he/she is also involved or knew of the drugs inside the home. The other members of the household will likely be questioned to determine their level of involvement and the police will take appropriate action against them depending on what evidence is derived.

Yes. A person can be charged with possession if they are in dominion and control of the premise wherein drugs are located or if they have exercised dominion and control over the drugs. Lack of knowlege or exclusive possession by another party would be defenses which could be raised to contest the charges but if there are durgs in y or house and you are aware of them, you could be charged with a crime.