What does it mean to “possess” a counterfeit controlled substance?
Possession can be either actual, physical possession or “constructive” possession. For example, if you are pulled over and a counterfeit controlled substance is found in your pocket, you are in actual possession of the substance. If, however, you are pulled over, a counterfeit controlled substance is found under the driver’s seat of your car, and there are no passengers in the car, you may be in “constructive possession” of the substance. Constructive possession exists if you are aware of the presence of the substance and you are able to choose and control whether or not it is near you. Q: Might I be found in constructive possession if I’m just a passenger in the car, and the driver has the substance in her pocket? A: In such a case, you probably would not be considered to have control of the substance. Similarly, you probably would not be found in constructive possession if you are a guest in someone’s house and the substance is in the resident’s bedroom (even if you are aware it is t
Possession can be either actual, physical possession or “constructive” possession. For example, if you are pulled over and a counterfeit controlled substance is found in your pocket, you are in actual possession of the substance. If, however, you are pulled over, a counterfeit controlled substance is found under the driver’s seat of your car, and there are no passengers in the car, you may be in “constructive possession” of the substance. Constructive possession exists if you are aware of the presence of the substance and you are able to choose and control whether or not it is near you. Q: Might I be found in constructive possession if I’m just a passenger in the car, and the driver has the substance in her pocket? A: In such a case, you probably would not be considered to have control of the substance. Similarly, you probably would not be found in constructive possession if you are a guest in someone’s house and the substance is in the resident’s bedroom (even if you are aware it is t
