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What Can Constitute "Possession" for the Purposes of Possession of a Controlled Substance? Health and Safety Code Sections 11350 & 11377

By Walin & Klarich

Under California law, a person is recognized to have ?possession? of a tangible object when they have personal charge or control of, or exercise the right of ownership or management over the tangible object. It is important to understand that possession of a controlled substance in California may be actual or constructive. Constructive possession is not as straightforward as actual possession, but constitutes possession nonetheless. "Constructive possession" can apply in situations where the controlled substance is not found on the defendant's person (pockets, jacket, etc). Although there is no actual possession, constructive possession can occur if actual possession of the controlled substance can be inferred from the surrounding circumstances...continue to full post

Full post as published by Southern California Criminal Defense Blog on March 21, 2010 (boomark / email).