How does Illinois define "possession" in drug charges?

The short answer is yes. Under 720 ILCS 570/402, it is unlawful for any person knowingly to possess a controlled or counterfeit substance or controlled substance analog. To charge or convict someone for drug possession, the State must prove that you knowingly possessed the drugs. There are two types of possession: actual and constructive.

To prove actual possession, the drugs must be in someone's physical custody or control. Essentially, they must be on you. On the other hand, drug possession can also be "constructive," which means that the drugs are not personally present on a person. Instead, the person must have knowledge of the drugs, they must intend to decide on their use or disposal, and they can maintain control over the drugs or the location where the drugs are. This could apply to drugs that are found in your car or your home. When drugs are found in places such as these that are under your control, it can be inferred that you had the required knowledge and possession of the drugs.

It is important to remember that constructive drug possession cases are largely based on circumstantial evidence, not direct evidence. While it is important whether someone owns the car or the home, there can be other relevant factors courts looks at to determine if there was indeed constructive possession. Examples are if someone else has a key to a container or safe with the drugs, how many people were inside the car or stay in the house, if you make any incriminating statements, among many others. Depending on the specific circumstances of your case, you may have a defense even if the drugs were found in or on your property.

I don't do any drugs, but I have friends that do occasionally partake. Can I get in legal trouble if they forget their stuff at my house or accidentally drop it in my car?

The answer, like many times in law, is it depends. Even though you don't do drugs, you could still find yourself in legal trouble if your friends leave drugs in your house or your car. You could get charged with possession of drugs in violation of 720 ILCS 570/402, which makes it unlawful for any person knowingly to possess a controlled or counterfeit substance or controlled substance analog. The State may try to argue that you "constructively" possessed the drugs--that you knew about the drugs, had the intent to decide on their use or disposal, and you had the ability to maintain control over the drugs or the location where the drugs are.

If drugs are found in your house or your car, the State may try to convict you based only on the fact that you own the house or car. They may also argue that because the drugs were found in your house or your car, you had the necessary knowledge and possession of the drugs.

At the end of the day, the State must prove you guilty beyond a reasonable doubt. Just because you own the house or car where the drugs are found, does not mean that they are yours or that you even knew about them. You can still present evidence to show that other people had access to the drugs, or that you were unaware of their presence. If you find yourself in a situation like this, speaking with a criminal defense lawyer about the specific facts of your case is crucial for them to tailor a defense specifically for you.