Can the Owner of a Household be Penalized if a Resident has Drugs?

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 suspect 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 that 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.