Posted on October 1, 2006 by Jamie Spencer

Definition of Possession

§ 1.07. DEFINITIONS.

(a) In this code:

                        (39) "Possession" means actual care, custody, control, or management.

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Richard Catt - September 22, 2008 1:59 PM

Let me set the scene.
You go with a friend to a party at the home of someone you don't know. There is marijuana at the party and when it is offered to you, you take a hit and pass it on. Later that night you are arrested for public intoxication. You have no drugs of any kind on you but the marijuana shows up on your drug test. Can you be charged with "Possession of Marijuana?" I was told that the simple act of taking the marijuana and placing it to your mouth constituted "Possession" even though no law enforcement official saw you do it.

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