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Legal concept

Control Element

C.R.S. § 18-18-403.5

One of two required elements for constructive possession: the prosecution must prove the defendant had the ability to exercise control over the drugs or the place where they were found—meaning they could access, move, or dispose of the drugs.

Frequently asked questions

Constructive Possession: When Drugs Aren’t Actually Yours

Right Law Group's guide explains: "“Those aren’t mine. ” Police hear this phrase hundreds of times a day in Colorado. Sometimes it’s true. Sometimes it’s a desperate lie."

Source · Read guide

Each answer links directly to the source where a Right Law Group attorney addressed this question.

1 answers grounded in Right Law Group sources

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