Possession and trafficking offenses - Next Generation Bar Exam
- What conduct does distribution of a controlled substance include?
- Any transfer, whether or not a sale. Giving drugs away for free is distribution.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.