Living with roommates is unpredictable even if you’re living with your closest friends. Most issues require a house meeting to get the dishes done, but what are you supposed to do if your roommate decides to sell drugs out of your home? Even if you have no idea about their illegal side hustle, the law doesn’t care about your ignorance. You’re still on the hook.
Why the Law Doesn’t Care Who Bought the Drugs
One of the biggest shocks for people caught up in drug busts involving a roommate is the realization that possession and ownership are two very different things in the eyes of the law. The word “possession” might make you think the drugs have to belong to you for you to get into trouble. Not so.
Possession, legally speaking, means having control over something, even if it’s not yours. You don’t have to own it. If drugs are found in a common area of the home you share, like the living room or kitchen, it’s enough to land you in handcuffs. This is called constructive possession, where law enforcement assumes that anyone with access to the space where the drugs were found could have control over them.
You’re Getting Arrested Anyway
Sure, you might be able to clear your name eventually. But that doesn’t mean you get off scot-free. You’ll still have to go through the stressful, expensive process of hiring a lawyer, potentially posting bail, and attending court dates. Even if you escape a conviction, you’re left with legal bills, wasted time, and a whole lot of stress you didn’t ask for.
Check Your Lease
On top of getting arrested, your housing situation might be on shaky ground, too. Leases often include clauses that can be voided if illegal activity happens on the property. Review your lease carefully to see what it says about drug activity. If your landlord gets wind of what’s happening, you could be evicted. In some cases, even if your roommate leaves, the fact that drug dealing happened on the property could be enough for the landlord to void the lease entirely.
Innocent Bystander or “Co-Conspirator”
Let’s say you weren’t actively helping your roommate sell drugs, but maybe you accepted a package for them once, or they had a shady friend over and you didn’t ask questions. Believe it or not, small actions like these could put you at risk for federal conspiracy charges.
Federal law doesn’t take kindly to drug conspiracies, and the threshold for getting charged is pretty low. If you knew (or should have known) that drug activity was happening and did anything at all to aid the conspiracy, the government could argue that you were part of the conspiracy. And conspiracy charges are no joke—they come with heavy penalties, including prison time.
What Should You Do?
If your roommate is selling drugs, you need to take action. Now. First, stop hanging out with them when they have drugs on them. The fewer connections you have to their illegal activity, the better off you’ll be if the cops show up. Second, if you ever find out they’re doing something illegal, distance yourself immediately. Make sure there’s a clear line between their actions and your involvement, since it’s not always possible or safe to leave your living arrangements.
If the worst happens and you’re caught up in a situation you didn’t cause, don’t panic—but don’t sit around either. At Ryan Brown Attorney at Law, P.L.L.C., we’ve seen how quickly someone’s life can turn upside down from a roommate’s bad decisions. If you’ve been caught up in drug charges, call us at (806) 372-5711. We can help you fight the charges and protect your future.
Spotlight Branding
