Massachusetts Jury Instruction - Controlled Substances - Possession On United States Vessel
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FAQ
Constructive possession of drugs found in a suite or house can be established where the accused is shown to have control over a property searched and knowledge that the items were in the place. Even where the accused did not have exclusive control over the place, he can still be found in joint possession of the items.
A person obviously ?possesses? something if he (she) has direct physical control or custody of it at a given time. In that sense, you possess whatever you have in your pocket or purse right now. However, the law does not require that someone necessarily have. actual physical custody of an object to ?possess? it.
595, 607 (1993) (constructive possession of controlled substance requires proof that defendant knew location of illegal drugs plus ability and intent to exert dominion and control).
Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998).
Distribution or possession with intent to distribute class B- cocaine, crack or methamphetamine- in Massachusetts is a felony. Under MGL c. 94C s.
Class D Substances in Massachusetts are marijuana and hashish. It is not a crime to possess about an ounce (under 30 grams) of marijuana in Massachusetts.