Possession Crimes

Question 1

Actual Possession

Answer 1

the possession of a substance on one’s person
1. Knowingly;
2. Possessing; and
3. The prohibited item

Question 2

Constructive Possession

Answer 2

when possession of a drug is imported onto a D by virtue of their presence near the drug
1. Knowingly; and
2. Exercising dominion or control; and
3. Over a prohibited item

Question 3

PWID

Answer 3

1. Proof of possession (either actual or constructive); and
2. Proof of specific intent of “intent to distribute”
   - distribution requires the actual exchange

Question 4

Knowledge (of gun or substance)

Answer 4

can be proven by:
1. Willful ignorance to the fact that a drug is present in the area of control
2. Awareness of the high probability of the existence of the substance/firearm.
3. Positive knowledge (facts and circumstances demonstrate that D was aware of the drug/firearms’ presence)

Question 5

Knowledge of Weight

Answer 5

CL: no knowledge of weight required
MPC: Requires knowledge of weight