Drugs

Question 1

Controlled Substance Act

Answer 1

Controlled Substances Act identifies a schedule of “controlled substances” based on potential for abuse, accepted medical usage, and potential for addiction.

Question 2

Possession with Intent to Distribute

Answer 2

21 U.S.C. § 841(a): it shall be unlawful for any person knowingly or intentionally to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance

Question 3

Simple Possession

Answer 3

21 U.S.C. § 844: It shall be unlawful for any person knowingly or intentionally to possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order, from a practitioner, while acting in the course of his professional practice.

Question 4

Actual Possession

Answer 4

(1) having actual physical control over the thing and (2) being aware of this control for long enough to enable termination of possession.

Question 5

Constructive Possession

Answer 5

(1) having the right or power to exercise dominion and control over that thing and (2) being aware of this control for long enough to enable termination of possession.

Question 6

Poole

Answer 6

Evidence was sufficient for construction possession of cocaine where cocaine and accoutrements were found in the house that she exclusively owned but did not exclusively control.

Question 7

Serrano-Lopez

Answer 7

Finding of sufficient evidence of control in the fact that they were in the vehicle and the vehicle had traveled nonstop from California.

Driver of the vehicle at the time of the stop had the ability to control the vehicle (and thus the drugs).

For the others, although a person’s mere presence in a vehicle containing contraband is not enough to find him guilty of the offense, presence and other evidence can give rise to an inference of control (i.e., long car trip).

Question 8

Bundy

Answer 8

Defendant found to have constructively possessed all contraband in the house in addition to that in the open because evidence showed that she was a regular visitor to the apartment.

Question 9

MPC Possession

Answer 9

Possession is an act if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.

Question 10

Sentencing Rules

Answer 10

State law varies but generally follow the federal pattern of distinguishing between manufacture/distribution, possession with intent to distribute, and simple possession

See Kimbrough: 1986 Act adopted a “100-to-1 ratio” that treated every gram of crack cocaine as the equivalent of 100 grams of powder cocaine. The Fair Sentencing Act of 2010 reduced the sentencing ratio to approximately 18 to 1.

Question 11

Intent to Distribute Circumstantial Evidence

Answer 11

A conviction of possession of a controlled substance with intent to distribute may be based upon evidence as to the quantity of such controlled substance unlawfully possessed, but the court must consider all other circumstantial evidence. Quantity alone is enough in some jdx.

See Poole: The quantity of the cocaine, the sophisticated scale, and the equipment used to dilute the purity of the cocaine and to separate large quantities into smaller quantities for retail purposes are sufficient for the jury to have found intent to distribute.

See Sharp v. Virginia: it is erroneous to infer intent to distribute from quantity when ignoring other circumstances that may contradict the inference.

See Serrano-Lopez: a large quantity of drugs, standing alone, is sufficient evidence of the third element of the offense-intent to distribute.

Question 12

Sharing and Distribution

Answer 12

Swiderski test: where two individuals simultaneously and jointly acquire possession of a drug for their own use, intending only to share it together, their crime is simple joint possession, without any intent to distribute the drug further.

If one buys the drugs to share for both, it becomes possession with intent to distribute.

See U.S. v. Washington: Washington’s intent to share the cocaine with others is sufficient for a court to find that he possessed drugs with intent to distribute

Question 13

Distribution and Delivery

Answer 13

Distribution: to deliver a controlled substance

Delivery: the actual, constructive, or attempted transfer of a controlled substance … whether or not there exists an agency relationship