Jacksonville Possession of Marijuana Lawyer: State Attorney Must Prove Constructive Possession

In Jacksonville, Florida, people are often arrested for possession of marijuana. In my career as a Jacksonville Possession of Marijuana Lawyer, I have handled hundreds of possession of marijuana cases. In some instances, the defendant is in actual possession of the marijuana (cannabis). In other cases, the defendant is charged with the crime based on constructive possession of marijuana.

Jacksonville constructive possession occurs when a defendant has the ability to exercise dominion and control over the marijuana. The Florida Supreme Court recently heard a case, Petion v. State. In Petion v. State, the defendant was in a vehicle with three other males in it. After searching the vehicle, police officers found marijuana.  The defendant was charged with possession of the marijuana.  The Court ruled that the State must prove that the defendant had knowledge of the marijuana and dominion and control over it to establish constructive possession.  The evidence must rule out that the marijuana belong to another passenger in the vehicle.  Because the State could not prove this, Petion should not have been convicted of the crime. 

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