The only act of possession actually observed by the state's witnesses was Jordan's act of abandonment. Because, under the totality of the circumstances, a reasonable juror could have entertained a reasonable doubt as to whether Jordan possessed the packet for a period longer than reasonably necessary to dispose of it,4 an instruction on the theory of passing control was necessary to assure a fair verdict. We conclude that the trial court erred in refusing to give Jordan's proposed instruction. Actual possession means to have direct physical control, care and management of a thing. A person not in actual possession may have constructive possession of a thing.
Constructive possession means to have the power to exercise dominion or control over a thing.
This may be done either directly or through another person or persons. You may find that the element of possession as that term is used in these instructions is present if you find beyond a reasonable doubt that the defendant had actual or constructive possession, either alone or jointly with others. The passing control doctrine presumes that a defendant's temporary control over drugs is for the sole purpose of disposal or abandonment. The doctrine thus has no application when a person secretes drugs with intent to reassert control over them at a later time, or as a means of transferring them to others. On the other hand, Jordan's conduct was also capable of being construed as an act of abandonment.