Mere proximity to a controlled substance is not sufficient to establish control over that controlled substance when it is not in a place over which the person has control.
Constructive possession means the controlled substance is in a place over which the defendant has control, or in which the defendant has concealed it.
In order to establish constructive possession of a controlled substance if the controlled substance is in a place over which the defendant does not have control, the State must prove the defendant had (1) control over the controlled substance and (2) knowledge that the controlled substance was within the defendant’s presence.
Bookmark to:
