Personal possession – types of possession
Possession of marijuana, also known as possession of marijuana for personal use, may be charged as either a misdemeanor or as a felony offense in California, depending on the quantity and type of the marijuana. The offense is proven if the prosecution can show that the accused exercised dominion and control over the marijuana, that he or she had knowledge of its presence and that he or she had knowledge of its narcotic character. “Dominion and control” refers specifically to how the accused possessed the marijuana, which can be established through physical (or actual) possession, constructive possession or joint possession, all of which may be proven through circumstantial evidence (that is, evidence that isn’t directly observed but is inferred from events or circumstances that surround it). It should be noted that whether the marijuana was actually “owned” by the accused is not the pivotal issue – the critical issue is whether or not he or she had “possession” of it. An experienced criminal defense lawyer who specializes in California drug crimes will have an in-depth understanding of these different types of possession and will further know how to successfully challenge them.
Physical (or actual) possession of marijuana for personal use refers to situations where the accused knowingly had the marijuana on his or her person. A person having a baggie of marijuana or a joint in his or her pocket would be examples of physical possession. Although there are many defenses that may apply to this type of possession, including medical marijuana use, temporary possession for disposal and illegal search and seizure, only a skilled California drug attorney will know how to effectively persuade a judge and jurors that they are legitimate under these circumstances.
Constructive possession of marijuana for personal use refers to situations where the marijuana was immediately accessible by the accused and he or she either had direct exercise and control over the drug or the right to control the drug (or the place in which it was found) either personally or through another person or persons. This type of possession would apply, for example, if a driver was stopped and marijuana was found in the center console of the car. While the driver wasn’t in actual or physical control of the drug, he or she could still legally be charged with possession, because one could infer that he or she knew the whereabouts of the drug and had the ability to access and control it. Lack of knowledge and illegal search and seizure will be the most likely defenses to a constructive possession case.
Joint control or possession of marijuana for personal use refers to situations where two or more people may possess the marijuana. An example of this is found in a case where an officer witnessed a group of men huddled together in an area known to be a hangout for marijuana smokers. When he approached, a paper sack containing marijuana was thrown into the air and the group scattered. Joint possession allowed the officer to reasonably conclude that the marijuana was commonly possessed by all members of the group. Entrapment, illegal search and seizure, lack of knowledge and temporary possession for disposal might be the defenses that would be argued against a joint possession offense.
In addition to those noted above, a criminal lawyer who regularly practices California drug crime defense will be readily familiar with all of the defenses that are applicable to “possession of marijuana for personal use” cases. To avoid the consequences that this offense carries, it is imperative for an individual accused of personal possession to hire a qualified attorney, seasoned in this technical and complex area of the law. The exceptional attorneys at The Kavinoky Law Firm stay on top of California’s drug laws. They receive ongoing education and training in everything related to drug offenses and are well prepared to effectively tackle any issue that comes their way. Contact them today for a free consultation and for the best representation.
