The Court of Appeals in Lesher v. United States, decided on December 1, 2016, addressed and highlighted legal elements for constructive possession of a controlled substance in affirming the trial court decision. Lesher was found guilty of attempted possession with intent to distribute a controlled substance (marijuana) (“attempted PWID”) and possession of drug paraphernalia (“PDP”). He argued on appeal that the evidence was insufficient to sustain the convictions and that the trial court erred by allowing the police officer to testify about the results of a field test. The facts were as follows: pursuant to a valid search warrant the
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