Act of Possession

JurisdictionMaryland

III. Act of possession

A. The actus reus of possession

The act of possession is the exercise of actual or constructive dominion or control over a thing by one or more persons. See Md. Code Ann., Crim. Law § 5-101(v) (defining possession for purposes of the Controlled Dangerous Substances Subtitle).

1. Actual possession

Actual possession is direct physical possession or control over a thing. Nutt v. State, 16 Md. App. 695, 706 (1973). The defendant is in actual possession when a thing is on the defendant's person or is within the defendant's immediate physical control. Gimble v. State, 198 Md. App. 610, 624 (2011); see also Moseley v. State, 245 Md. App. 491, 496-97 (2020).

2. Joint and constructive possession

Constructive possession is less than direct actual physical possession, but it is the legal equivalent of actual possession. Possession may be joint or constructive. In constructive possession, dominion and control is inferred from the surrounding circumstances. Moseley, 245 Md. App. at 503-04; Moye v. State, 369 Md. 2, 17 (2002); Wynn v. State, 351 Md. 307, 328-30 (1998); McDonald v. State, 347 Md. 452, 462 (1997); Henson v. State, 236...

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