Texas Penal Code § 1.07(39) defines possession as “actual care, custody, control, or management.” Possession is frequently referred to as being actual possession or constructive possession. Actual possession involves marijuana being on an individual’s person, whether it is in their pockets, hands, or a purse or backpack. Constructive possession requires marijuana being found in a location over which an alleged offender had dominion and control. An actual possession charge is typically much easier for a prosecutor to prove, as an alleged offender could be able to challenge a constructive possession when they believe that they did not have adequate control over the location in which the marijuana was found.