What is the test for constructive possession of methamphetamine?

Lemus was convicted of violating 21 U.S.C. 841(a)(1), which prohibits, inter alia, possession of a controlled substance with intent to distribute. The jury found that he possessed at least 50 grams of methamphetamine, subjecting him to the penalty specified in 21 U.S.C. 841(b)(1)(A)(viii). To violate this statute, actual possession is not required: constructive possession also suffices. "The term constructive possession does not connote a legal fiction. Rather, the term simply reflects the common sense notion that an individual may possess a controlled substance even though the substance is not on his person at the time of arrest." United States v. Disla, 805 F.2d 1340, 1350 (9th Cir.1986).

[815 F.3d 588]