Marijuana | Constructive Possession

Constructive Possession
of Drugs
Tampa Possession of Marijuana Attorney has been researching constructive possession cases.  In one recent case a Government official approached the defendant. The Defendant claimed that he was in a utility room with buddies  to smoke. The court ruled the facts and evidence were not sufficient to prove that the defendant had constructively possessed marijuana. Court found that where a defendant's theory - that he was smoking tobacco, not marijuana, was reasonable, circumstantial evidence was not inconsistent with defendant's reasonable hypothesis of innocence.  The court ruled that evidence of Constructive possession was too weak to establish that the defendant had dominion and control over marijuana found near him at  time of the arrest.     

Possession Florida Statute
893.13(6)(a)
Florida Law provides: 893.13(6)(a) "It is unlawful for any person to be in actual or constructive possession of a controlled substance unless such controlled substance was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice or to be in actual or constructive possession of a controlled substance except as otherwise authorized by this chapter. Any person who violates this provision commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."

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Source: 35 Fla. L. Weekly D610b