Possession and trafficking offenses - Next Generation Bar Exam

  1. What conduct does distribution of a controlled substance include?
    Any transfer, whether or not a sale. Giving drugs away for free is distribution.
  2. Under Global-Tech and the willful-blindness doctrine, what satisfies a knowledge requirement?
    A subjective belief in a high probability that a fact exists and deliberate action to avoid learning it. Recklessness or negligence about the fact is not enough.
  3. Under Ruan v. United States, what must the government prove to convict a licensed doctor of unlawfully distributing controlled substances?
    That the doctor knew or intended that the prescriptions were unauthorized. Once the defendant produces evidence of authorization, the government must prove this mental state beyond a reasonable doubt.
  4. Police find cocaine in a locked safe in a man's bedroom. He has the only key. What theory of possession supports a charge?
    Constructive possession. Exclusive control over the safe supports an inference of knowledge and dominion over its contents.
  5. What is constructive possession?
    Knowledge of an item plus the power and intention to exercise dominion and control over it. Actual possession, by contrast, is direct physical control.
  6. What is the effect of mere proximity to contraband on proof of possession?
    Proximity alone is insufficient. Additional evidence, such as ownership of the premises or incriminating statements, is required.
  7. What is joint possession of contraband?
    Possession may be joint among two or more persons. Each joint possessor must have knowledge and the power and intent to control the item.
  8. What evidence commonly supports an inference of intent to distribute?
    Large quantity, packaging for sale, scales, cash, and records of transactions. Intent to distribute may be inferred from circumstantial evidence.
  9. What knowledge must the prosecution prove for possession of a controlled substance?
    Knowledge of the item's presence and, generally, of its nature. A person unaware that a package contains drugs does not knowingly possess them.
  10. Under McFadden v. United States, what knowledge must be proved for distribution of a controlled-substance analogue?
    Knowledge that the substance was controlled, or knowledge of the features that make it an analogue. The defendant need not know the substance's precise identity.

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