G.L. c. 94C § 34

• A person is guilty of unlawfully possessing a controlled substance if the Commonwealth can prove three elements, beyond a reasonable doubt:
  • (1) That the substance in question is a controlled substance,
  • (2) That the defendant possessed some perceptible amount of that substance; and
  • (3) That the defendant did so knowingly or intentionally.
• Practice Notes
  • The defendant must have knowingly or intentionally possessed the controlled substance, meaning he or she consciously, voluntarily and purposely possessed the controlled substance. It cannot be because of ignorance, a mistake or an accident