What does 'de-facto possession' refer to in drug law?

The term 'de-facto possession' in drug law is best represented by the notion of having knowledge or awareness of an item and an item being likely to be found by someone else, coupled with the circumstances that may demonstrate effective control or access to that item. This concept hinges on the understanding that possession is not merely about physical control but also involves the intention and knowledge associated with that control.

In this context, an individual may not physically hold a prohibited substance but is nevertheless deemed to have possession due to their awareness of its location and potential accessibility to it. This notion allows the law to address cases where individuals might avoid direct possession yet still maintain a significant connection to the substance through their knowledge and control over it.

In contrast, the other options do not accurately reflect the essence of 'de-facto possession.' For instance, possessing a drug without intent to use addresses the aspect of intent but overlooks the need for knowledge and control that defines 'de-facto possession.' Having physical control over a prohibited substance directly relates more to actual possession rather than the nuanced conditions of de-facto possession. Obtaining drugs through legal channels, while legally significant, does not relate to possession in the context of prohibited substances, which is central to defining 'de-facto possession.'