Which of the following conditions must be proven in a possession of prohibited drugs case?

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In a possession of prohibited drugs case, the critical element that must be proven is that the accused had a prohibited drug in their possession. This means that the prosecution needs to establish that the drugs were physically present with the accused, demonstrating control or ownership over the substance. The concept of possession encompasses both actual possession, where the drugs are found on the person, and constructive possession, where the individual has control over the location where the drugs are found.

The reasoning behind requiring proof of possession is rooted in the legal principle that one cannot be convicted of a crime unless it can be shown that they committed the act in question. In drug possession cases, confirming that the accused had the drugs in question is paramount, as it directly ties the individual to the offense of possessing illicit substances.

Other factors, such as the accused's awareness of the drug or whether they had any previous convictions, do not affect the fundamental requirement of proving possession itself. Similarly, the location of the drug—whether found in a public place or elsewhere—does not negate the necessity for establishing that the accused had the drugs in their possession.

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