Constructive Possession

The Defendant appealed the trial judge’s decision sustaining the charged violation of G.L. 1956 § 21-28-4.01(c) (possession of marijuana, one ounce or less, 18 years or older).  The Defendant while driving was pulled over by a Providence Police Officer.  After discovering the Defendant did not have a valid license, the police officer placed the Defendant in custody and searched the Defendant’s car.  The Officer found a glass jar containing suspected marijuana in the car’s center console.    The Defendant argued that the evidence did not establish that the Defendant was in possession of marijuana.  The Panel noted that “in order to sustain a possession of marijuana violation, the person must have knowingly or intentionally possessed” the marijuana.  Additionally, proof of knowledge can be shown through an individual’s actions or statements, which then must lead to an inference that the individual knew of the marijuana.  See State v. Kaba, 798 A.2d 383, 391-92 (R.I. 2002).  However, “the mere fact that the consignee takes possession of the container would not alone establish guilt of illegal possession or importation of contraband.”  Id.  The Panel found that the Defendant’s knowledge of the substance was not reflected in the record, and thus the charged violation could not be sustained.  The Panel granted the Defendant’s appeal and dismissed the charged violation. 

City of Providence v. M.P., C.A. No. T15-0023 (February 16, 2016).pdf