Identify the elements of possession for drug paraphernalia (961.573)?

• A. Possession: The physical control; Intent: knowingly possess; Knowledge of its presence and illegality
• B. Possession: The physical control only
• C. Ownership of paraphernalia regardless of use
• D. Knowledge of its presence but not illegality

Answer: (A)

The question tests what must be proven to convict someone of possession of drug paraphernalia under 961.573. To establish this offense, you must show the item is in the defendant’s physical control (possession) and that the defendant acted with the mental state of knowingly possessing it. In addition, the prosecution must prove the defendant knew the item was present and that possessing it is illegal. This combination—physical control, knowledge of possession, and knowledge of illegality—demonstrates both the act and the required awareness that the item is drug paraphernalia and that possessing it is unlawful. Simply having physical control isn’t enough without the knowing state; mere ownership or knowing it’s present without recognizing illegality wouldn’t meet the statute’s intent requirement.