"Constructive " possession

  1. Describe in your words and with great specificity what factors would be helpful to determine if someone was possessing controlled substances with an intent to deliver them, or merely possessing them for their own use.
  2. Describe in your words with great specificity what the term "constructive " possession means. How could you demonstrate beyond a reasonable doubt that someone constructively possessed a certain quantity of controlled substances?
  3. Read Michigan Criminal Jury Instructions 12.1a, 12.1b, 12.1c and 12.1d. How do these laws make an effort to treat the controlled substance Methamphetamine differently from other controlled substances? Do you think these laws help against the commission of offenses related to Methamphetamine? Why or why not?

Sample Solution