What is constructive possession?

• A. Possession can be established even if contraband is not on the person but within their immediate control or area.
• B. Possession requires actual physical touch of contraband.
• C. Only the owner can have constructive possession.
• D. It is the same as actual possession in all cases.

Answer: (A)

Constructive possession means you don’t have to be touching the contraband to be in possession of it. If you have the power to control or access it, or it’s located within your immediate reach or area under your dominion, you’re considered to possess it. This recognizes that control and intent can exist without physical custody.

That’s why the option stating possession can be established even if the contraband isn’t on the person but is within their immediate control or area is correct. It aligns with how constructive possession operates in practice, such as items in a car you control or in a room you oversee.

The other ideas don’t fit: requiring actual physical touch describes actual possession, not constructive possession; ownership isn’t required—anyone who exercises control over the item can have constructive possession; and it’s not the same as actual possession in all cases because constructive possession covers non-touch scenarios.