Factors considered when determining whether person possessed controlled substance for personal use

For purposes of this subchapter, possession of a controlled substance or counterfeit substance for personal use may be demonstrated through the consideration of certain factors, including without limitation: (1) The person does not possess the means to weigh, separate, or package the controlled substance or counterfeit substance; (2) The person does not possess a record indicating a drug-related transaction; (3) The controlled substance or counterfeit substance is not separated or packaged in a manner to facilitate delivery; (4) The person does not possess a firearm that is in the immediate physical control of the person at the time of the delivery or conveyance of the controlled substance or counterfeit substance; and (5) The person does not possess other controlled substances or counterfeit substances at the time of the delivery or conveyance. Added by Act 2023, No. 584,§ 2, eff. 4/11/2023. For purposes of this subchapter, possession of a controlled substance or counterfeit substance for personal use may be demonstrated through the consideration of certain factors, including without limitation: (1) The person does not possess the means to weigh, separate, or package the controlled substance or counterfeit substance; (2) The person does not possess a record indicating a drug-related transaction; (3) The controlled substance or counterfeit substance is not separated or packaged in a manner to facilitate delivery; (4) The person does not possess a firearm that is in the immediate physical control of the person at the time of the delivery or conveyance of the controlled substance or counterfeit substance; and (5) The person does not possess other controlled substances or counterfeit substances at the time of the delivery or conveyance. Added by Act 2023, No. 584,§ 2, eff. 4/11/2023.