VA · jury_instructions
Va. Model Jury Instr. Crim. No. 22.330
Knowing and Intentional Possession—Definition
To knowingly and intentionally possess a controlled substance means that a person is aware of
the presence and character of the substance and has actual physical possession or constructive
possession. Actual physical possession means that the substance is found on the person.
Constructive possession means that the person has dominion and control over the substance. Mere
proximity is not enough.
Possession need not be exclusive; it may be shared with another. The length of time of the
possession is not material.
Ownership or occupancy of the [premises; vehicle; (describe other location)] in which a
controlled substance is found does not create a presumption that the owner or occupant either
knowingly or intentionally possessed such substance. Such ownership or occupancy is a fact which
may be considered with other evidence.
Possession may be proved by acts, declarations or conduct of the defendant from which it may
be fairly inferred that he was aware of the presence and character of the substance at the place
found.
History
Virginia Model Jury Instructions – Criminal, Release 26, October 2025. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.
Provenance
- Source
- vacourts.gov
- Retrieved
- 2026-10-11
- Edition
- crim-2025-10-01
- Content hash
524e8dba5c87e1cce8b96601de48033c71b9eeda29a86806237e2508a9d2e332
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