• 2003 - Possession of [a Controlled Substance] [Drug Paraphernalia]
  • K-22.42
    • Controlled Substances
    • Possession
    • Public Crimes
    • Public Crimes
  • Possession of [a controlled substance] [drug paraphernalia] may be actual or constructive and may be proven by direct or circumstantial evidence.

     

    A person who has direct physical control over [a controlled substance] [drug paraphernalia] is in actual possession of it.

     

    A person who has the power and ability to exercise control over [a controlled substance] [drug paraphernalia] is in constructive possession of it.

     

    [Two or more persons may simultaneously possess [a controlled substance] [drug paraphernalia.]]

     

    *****

    • State v. Connery, 441 NW2d 651 (ND 1989)
    • State v. McKinney, 518 NW2d 696 (ND 1994)
  • Notes: