Music. Hi, this is my cover. Thank you for asking me. What is the difference between actual and constructive possession? Actual possession means that an item in question, be it a weapon, drugs, body parts, or whatever form of contraband, is on your person. It could be in your hands, it could be in your pocket, or it could even be concealed inside your body. If you're caught in exclusive actual possession, then your knowledge of the presence of the item can be inferred or assumed by a judge or jury. Constructive possession is a little more complicated. Not only will the state have to prove that you're in possession, but they're also going to have to prove that you had knowledge of the existence of the object in question. Mere proximity to an object is not going to be sufficient to establish control over it, and so mere proximity to an object cannot form the basis of constructive possession. In order for the state to prove constructive possession, an object has to either be in a place over which you have control or where you yourself have concealed it. So, if an object is found in a place where you do not have control, in order to prove that you had possession, the state's going to be required to first establish that: one, you had knowledge that the object was within your presence, and two, that you could have exercised control over the object had you chosen to do so. Two or more people can be in possession of the very same object. This is called joint possession. So, if you and I are sitting on a sofa and a lit marijuana cigarette, a joint, is burning in an ashtray in between the two of us, even though neither one...
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