🚨 Possession charges in Illinois. How do they actually work and how are they challenged? In Illinois, possession cases usually fall into two categories. Actual possession and constructive possession. Actual possession means the item is physically on you. In your hand. In your pocket. In your waistband or bag. Constructive possession is different. The item is not on you, but the State claims it was close enough and that you knew it was there. This is where most possession cases fall apart. Here