Which statement best defines drug possession?

• A. Substance is a controlled drug; defendant had physical custody or control
• B. The drug is a controlled drug and the defendant discovered it
• C. The drug is a controlled drug and the defendant knew it was illegal
• D. The defendant intended to supply

Answer: (A)

Drug possession means having control over a controlled drug, either in your actual custody or by evidence of control over it. The essential elements are that the substance is a controlled drug and that the person has possession or control over it; you don’t have to know that it’s illegal. The statement that fits best reflects this: the drug is a controlled drug and the defendant had physical custody or control. This covers both actual possession (in their hands, pockets, bag) and constructive possession (they have the ability to exercise control over it, even if not touching it).

The other ideas aren’t right for defining possession: simply discovering the drug doesn’t prove possession, because possession requires control, not just being found with it. Knowing it’s illegal isn’t a required mental element for the basic possession offence. Intending to supply describes a different offence (possession with intent to supply), not possession in its simplest sense.