Two people share a bedroom. Drugs in a dresser in that bedroom. One charged. MJOA?

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by: Ryan • November 28, 2014 • no comments

In a wide-ranging opinion issued Wednesday, the Court of Appeals accepted the state's concession regarding one of the counts, possession of LSD.

The state's concession is well taken: an individual's mere proximity to drugs is not sufficient to prove possession when other individuals are also in proximity to the drugs. State v. Oare, 249 Or 597, 599-600, 439 P2d 885 (1968). Here, the police discovered the LSD in the drawer of a dresser in the master bedroom that defendant shared with Kimm. Because the state did not present any other evidence linking defendant to the LSD, we reverse defendant's conviction on Count 9.