This is a Wa. State case for possession of pounds of cannabis.

WA[9][9] Controlled Substances -- Possession -- Unwitting Possession -- Burden of Proof -- In General Unwitting possession is an affirmative defense to a charge of unlawful possession of a controlled substance under RCW 69.50.401(d). The defendant has the burden of proving the defense. Placing on the defendant the burden of proving unwitting possession does not improperly shift the burden of proof; the burden of proving the elements of the charge remains with the State.


Your state may be different. Also if you live outside the U.S. it will be majorly different. If you give me both I can look and see if any case law is availble.

I just looked up virgina and no cases exist for unwitting possession, this generally means either no one has claimed it or it's a good defense which the state doesn't fight or appeal.
jamessr Reviewed by jamessr on . Constructive Possession if car smells?? So this dudes car gets pulled over for a busted head light. the car smells like bud. police find a backpack with bud and a scale. I had no idea about the backpack. I was in the front passanger seat, and the guy in the backseat was found with baggies in his pockets and his backpack next to him. man jus cus the car smelled like bud does it mean i can get charged for Constructive Possession? Rating: 5