Federal Criminal Law Federal Drug Offenses

Possession of a controlled Substance

21 U.S.C. 844

Elements of 21 U.S.C. 844

Knowingly or intentionally 

Posses 

A controlled substance 

Without Authority 

• Needs all four to satisfy

Federal Drug Offenses

- The defendant knowingly or intentionally;

- Possessed (844) or Distributed (841)

- a controlled substance;

- without authority

Must have knowledge of presence and character 

Knowingly or intentionally 

When a person physically controls that substance. In your hands or body. Example, in the pocket or hands.

Actual Possession

The person is not in actual physical contact with the substance, but has the power and intention to exercise direction and take control over it.. Within the area of control. Examples in the trunk of their car, their dresser, their drawer. 

Constructive Possession

Fact that you know but ignore 

“Deliberate ignorance”

Who is lawfully authority? 

• Patients with valid prescriptions 

• LEO officers from lawful search 

• Physician who administers the drug for medical purposes 

• Researchers who possess the drug for testing

When more than one person possesses the same controlled substance

Joint Possession

-  Totality of the circumstances

- consider ability to control, ownership, proximity, statements

Proving Possession

Defines/ Categories controlled substance. Identified in schedules 1-4, and 5

21 U.S.C. 812

• Manufacture and Distribution of Controlled Substances

Unlawful for any person to knowingly or intentionally: 1. Manufacture, distribute,

or dispense, or possess with intent to manufacture, distribute or dispense a controlled substance

Prosecutors can use words, acts, omissions, packaging materials, method of packaging, scales, quantity, value, purity, and the presence of cash, distribution circumstantially prove possession with intent to distribute

21 U.S.C. 841

Elements of 21 U.S.C. 841

1. Knowingly or intentionally 

2. Posses 

3. A controlled substance 

4. Without Authority 

5. The intent to distribute, dispense, or manufacture 

• Needs all five to satisfy