Constructive Possesion

When trying to understand this concept , another place to look is the standard Michigan Criminal Jury instructions. These are used to explain legal concepts to jurors and are considered to be a correct summary of Michigan law. Reading from M Crim JI 12.7 the judge will say this to the jury about the meaning of possession: Possession does not necessarily mean ownership. Possession means that either: • The person has actual physical control of the [substance / thing], as I do with the pen I’m now holding, or • The person has the right to control the [substance / thing], even though it is in a different room or place. • Possession may be sole, where one person alone possesses the [substance / thing]. • Possession may be joint, where two or more people each share possession. • It is not enough if the defendant merely knew about the [state substance or thing]; the defendant possessed the [state substance or thing] only if [he / she] had control of it or the right to control it, either alone or together with s omeone else.