Constructed possession refers to possession where the person has the power and intent to control the substance, even if not physically on the person. Which option best matches this concept?

• A. Actual possession
• B. Constructed possession
• C. Brady Doctrine
• D. Jencks Act

Answer: (B)

Constructive possession means you have the power and intent to control an item, even if it isn’t on your body. The key idea is dominion and awareness: you know the substance is there and you can access or exercise control over it. So even without physical touching or carrying it, you’re in possession because you could bring it under your control at will.

This matters because the law looks at whether a person has the ability to exercise control and the intent to do so, not just whether the item is physically on them. For example, contraband found in a car you own or in a bag you control can count as constructive possession if you know it’s there and could access it.

By contrast, actual possession requires physical possession of the item on your person. The Brady Doctrine and Jencks Act deal with discovery and production of evidence in trials, not possession concepts, so they don’t fit this question.

So, the best match is the idea that someone has control and intent to control the substance, even without it being on them physically.