CHAPTER SEVEN

DRUG OFFENSES

OBJECTIVE #1 -

Identify where and how "controlled substances" are defined MCCH - Ch 7.1

§ 195.017 of the Revised Missouri Statutes contains a list of schedules under which controlled substances fall.

OBJECTIVE #2 -

Identify or define the terms "actual possession" and "constructive possession" as they relate to Chapter 195 RSMo, the Missouri drug offenses. MCCH - Ch 7.11, Discussion

Actual Possession - has the substance on his person or within easy reach and convenient control.

Constructive possession - A person who, although not in actual possession, has the power and the intention at a given time to exercise dominion or control over the substance either directly or through another person or persons is in constructive possession of it.

OBJECTIVE #3 -

Identify the elements of "possession" of a controlled substance MCCH - Ch 7.11

The elements of possession: knew of the presence of the substance AND knew of the illegal nature of the substance AND had actual or constructive possession of the substance AND the substance was a controlled substance.

OBJECTIVE #4

Identify the elements of "distribution, delivery, manufacture, production, or possession with the intent to distribute, deliver, manufacture, or produce a controlled substance" MCCH - Ch 7.12

OBJECTIVE #5 -

Identify the elements of "use or possession of drug paraphernalia" MCCH - Ch. 7.16

OBJECTIVE #6 -

Identify the elements of "possession of imitation controlled substances.” MCCH - Ch. 7.24

OBJECTIVE #7 -

Identify the only situation where possession of a controlled substance is a misdemeanor MCCH - Ch. 7.19

Possession of a controlled substance is a misdemeanor only if the possession is of under 35 grams of marijuana.

Revised 4/01