Constructive possession is defined as

Constructive possession is defined as

• A. Actual physical control of the item.
• B. Power and intention to control the item.
• C. Knowledge that the item exists.
• D. Right to use the item but not possess.

Answer: (B)

Constructive possession rests on having the power to control an item and the intent to exercise that control, even when you don’t physically hold it. The crucial ideas are control and the plan to maintain or exercise that control over the item. For example, someone with the key and authority to access a locked room where controlled substances are kept has constructive possession of those items because they can exercise control over them. Merely knowing the item exists isn’t enough, and having only a right to use the item without the power or intent to control it doesn’t amount to possession.

Constructive possession rests on having the power to control an item and the intent to exercise that control, even when you don’t physically hold it. The crucial ideas are control and the plan to maintain or exercise that control over the item. For example, someone with the key and authority to access a locked room where controlled substances are kept has constructive possession of those items because they can exercise control over them. Merely knowing the item exists isn’t enough, and having only a right to use the item without the power or intent to control it doesn’t amount to possession.