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0 pointssomenameforme2y ago0 comments

What you're saying is how people generally think the law works, but it's not how it works in practice. This is easily illustrated with possession of drug paraphernalia charges. There's two types of possession, actual and constructive - but both face the exact same charge. Constructive just means something like 'could be reasonably accessed.'

So imagine you're in a car, get pulled over, it smells of weed so the cop executes a search, and he finds a pipe in the glove compartment. You're getting arrested for PDP there 100%. Even if it genuinely wasn't yours, you stand very little chance of acquittal. Beyond a reasonable doubt doesn't mean 'is there some other viable explanation' because there literally always is. It means is it reasonably likely that one of these other explanations is what really happened.

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beaeglebeachh2y ago

What you're saying is how people generally think the prohibited possessor law works, but it's not how it works in practice. It says nothing of drug possession, only gun/ammo possession by someone who uses or addicted to illegal drugs. There is plenty of reasonable doubt that constructive or actual possession of drugs is not accompanied by use, in fact this is the case for many dispensary workers.

>922 g (3) ... who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

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beaeglebeachh2y ago

>922 g (3) ... who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

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