Possession of Drug Defined

What does it mean to possess drugs? There is active and constructive possession of drugs. Active possession mean actual physical control of the drugs. Constructive Possession means the drugs are subject to your dominion and control even if not physically on you.

“Possession of Drugs: possession of drugs occurs when the drugs are “‘subject to [the defendant’s] dominion and control.’” State v. Deering, 1998 ME 23, ¶ 12, 706 A.2d 582 (quoting State v. Ellis, 502 A.2d 1037, 1040(Me. 1985) (alteration in original)); see also State v. Erving, 558 A.2d 703, 704 (Me. 1989) (“Possession of a physical object may be proved by showing that the accused . . . either had immediate physical control . . . of the object or knew where it was and had the intention and ability to gain physical control . . . of it.” (quotation marks omitted)).” State v. Wilson, 2015 ME 148, ¶ 15

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