Under the possession rule, what is required to establish possession?

Under the possession rule, what is required to establish possession?

• A. Knowledge of possession and of what it is.
• B. Actual possession at all times
• C. No knowledge required
• D. Only constructively possessed items count

Answer: (A)

The essential idea is that possession requires a specific mental state in addition to physical control: you must knowingly have the item and know what the item is. In other words, to establish possession, the state must prove that you are aware you possess the item and that you know the nature of the item itself. This prevents liability for mere inadvertent holding or for items you don’t recognize or understand. If you don’t know you possess the item, or you don’t know what the item is, you lack the necessary mens rea to establish possession under this rule. Possession can be established even if you don’t have continuous physical control at every moment, as long as you knowingly hold and recognize the item. And merely being in constructive control isn’t enough without that knowledge.

The essential idea is that possession requires a specific mental state in addition to physical control: you must knowingly have the item and know what the item is. In other words, to establish possession, the state must prove that you are aware you possess the item and that you know the nature of the item itself. This prevents liability for mere inadvertent holding or for items you don’t recognize or understand.

If you don’t know you possess the item, or you don’t know what the item is, you lack the necessary mens rea to establish possession under this rule. Possession can be established even if you don’t have continuous physical control at every moment, as long as you knowingly hold and recognize the item. And merely being in constructive control isn’t enough without that knowledge.