Which statute defines possession of a controlled substance?

Which statute defines possession of a controlled substance?

• A. 21 U.S.C. § 844
• B. Actual possession
• C. Constructed possession
• D. 21 U.S.C. § 841

Answer: (A)

The essential idea is that possession of a controlled substance is defined by a statute, not by common-law terms. The specific offense of simple possession is defined in 21 U.S.C. § 844, which makes it illegal to possess a controlled substance without authorization. This statute covers both actual possession (having the substance on your person) and constructive possession (having control over the substance even if it isn’t on your person). It establishes the basic offense and penalties for possessing illegal drugs. In contrast, 21 U.S.C. § 841 addresses possession with intent to distribute, manufacturing, or distributing controlled substances—different offenses with typically harsher penalties. The other options describe possession in terms (actual possession or constructive possession) rather than statutes, so they don’t define the offense themselves.

The essential idea is that possession of a controlled substance is defined by a statute, not by common-law terms. The specific offense of simple possession is defined in 21 U.S.C. § 844, which makes it illegal to possess a controlled substance without authorization. This statute covers both actual possession (having the substance on your person) and constructive possession (having control over the substance even if it isn’t on your person). It establishes the basic offense and penalties for possessing illegal drugs.

In contrast, 21 U.S.C. § 841 addresses possession with intent to distribute, manufacturing, or distributing controlled substances—different offenses with typically harsher penalties. The other options describe possession in terms (actual possession or constructive possession) rather than statutes, so they don’t define the offense themselves.