Possession of controlled substances

Question 1

Controlled substance

Answer 1

• the govt. regulates its possession , usage, and distribution
• it is listed on one of the schedules in 21 USC 812

Question 2

Schedules

Answer 2

• listing of drugs by street name, prescriptive name or chemical name
• includes raw forms of the drugs (ILLEGAL!!)

Question 3

Alcohol and Tobacco

Answer 3

• not listed on the schedules

Question 4

Possession 21 USC 844

Answer 4

ELEMENTS:

• unlawful
• knowingly or intentionally
• possess
• a controlled substance

Question 5

possession is lawful if:

Answer 5

• prescribed
• obtained directly from physician
• scientist with permit

Question 6

Intentional OR knowing if:

Answer 6

• person realizes what he is doing is illegal

- the person is NOT acting through ignorance or mistake

Question 7

3 types of possession:

Answer 7

1) actual (drugs in pocket)
2) constructive - dominion or control (glove box)
3) joint (2 people smoking joint)

Question 8

Mere presence on scene:

Answer 8

• not enough to charge with possession
• govt. must show actual or constructive possession
  ex: if you go to a party and theres drugs in a room but you didn’t know it.

Question 9

Quantity

Answer 9

• doesn’t matter!