What defines actual possession of a controlled substance?

Actual possession of a controlled substance refers to a situation where an individual has physical control over the substance, meaning they are carrying it on their person. This direct control indicates that the individual is aware of and has immediate access to the controlled substance.

For instance, if someone is holding or has the controlled substance in their pocket or backpack, that individual is considered to be in actual possession of it. This criterion is crucial in criminal law as it establishes clear accountability for possessing illegal substances and is distinct from other forms of possession such as constructive possession, which involves having control over a substance indirectly or through another entity.

Understanding that actual possession involves a direct, immediate physical ownership helps in interpreting related statutes and how they apply in legal situations, emphasizing the emphasis on personal control in the determination of possession-related offenses.