People v. Palaschak

Opinion

LUCAS, C. J.

In this case, we consider whether a person who possesses illegal drugs prior to ingesting them may be convicted of the offense of possessing those drugs. As will appear, we conclude that the offender may be so convicted despite having ingested the drugs prior to arrest. To rule otherwise would read into the drug possession statutes a “possession when arrested” requirement that would permit persons facing arrest for possession of illegal drugs to avoid possession charges merely by ingesting those drugs.

Facts

Defendant Douglas Andrew Palaschak appeals from a judgment…