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Modes of Possession of a Controlled Substance

Marijuana possession can easily be defended in court. With this, a marijuana lawyer in West Palm Beach is crucial for evading a conviction's strict penalties. The possession of a controlled substance, like marijuana, is defined as the capacity to exercise the right of control, management, or ownership over the controlled substance. Below is a brief but concise explanation of the mode of possession of marijuana.

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What Are the Modes of Marijuana Possession?

Actual Possession

Actual possession is defined as the possession of a controlled substance, such as marijuana, in the hands of the person accused. You are also considered to be in possession of a controlled substance if such is found in a container and it is within your control or reach. 

Proximity to a controlled substance, like weed, pot, or cannabis, cannot justify a conviction for actual possession of such controlled substance. It is not enough to establish control over the substance when such is not in a place over which the defendant has exclusive control.

Under a landmark case of Sundin vs. State, the court held that evidence is insufficient to justify actual possession even though the crack pipe was only within reach of the defendant, which was less than a foot. The case was ruled in favor of the defendant since the State could not link additional evidence to the pipe other than the mere proximity evidence.

Constructive Possession

Constructive possession is defined as the possession of a controlled substance not on the physical person but is in a place over which the defendant has control or in which the defendant has concealed it. A marijuana lawyer in West Palm Beach can prove constructive possession based on the following facts:

  • Defendant has control or dominion over the controlled substance, and 
  • Defendant knows that the controlled substance was within his presence. 
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Hire an Expert Marijuana Lawyer in West Palm Beach

There is a presumption of possession of the controlled substance if such is found in the exclusive possession of the defendant. However, the presumption does not apply when more than one person has access to the controlled substance. 

If you have been apprehended for a marijuana crime, immediately get in touch with our expert lawyer at David Olson Law.

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