Minors, You Are What You Drink!: Arkansas's New Spin on Minors in ...

990 ARKANSAS LAW REVIEW [Vol. 65:977
Arkansas at one time defined consumption and possession
as two different concepts.
Nonetheless, a different approach appears to be
emerging. State v. Schroeder is a recent case that
demonstrates how the distinction between possession and
consumption may be becoming blurred. In that case, the
South Dakota Supreme Court determined that a person
could be convicted for possession of a controlled substance
if a drug test indicated the controlled substance was in the
body. 88 The court reasoned that the legislature’s
amendment of the statutory definition of controlled
substance to include “an altered state of a drug or
substance listed in Schedules I through IV absorbed into
the human body” was indicative of the legislature’s intent
to expand the overall scope of possession. 89
Although many states adhere to the traditional
approach articulated in Evans and Nethercutt, the Arkansas
General Assembly recently decided to merge the concepts
of possession and consumption when dealing with minors in
possession of alcohol. In taking the Schroeder approach in
regard to the term possession, the Arkansas General
Assembly has blatantly ignored the traditional notions of
dominion and control that are inherent in the term.
IV. STATES THAT HAVE NOT ADOPTED AN INTERNAL
POSSESSION LAW
Currently, there are forty states that have not enacted
internal-possession laws. 90 Caselaw from two of these states
suggests three reasons for rejecting internal-possession
statutes: (1) lack of conformity with the general definition
of possession; (2) evidence of alcohol in the body does not
indicate whether a person had knowledge of possession of
the substance; and (3) uncertainty regarding where the
violation took place.
Courts in Washington that have addressed the issue of
internal possession have determined that the commonsense
use of the term “possession” entails the notion of
88. 674 N.W.2d 827, 831 (S.D. 2004).
89. Id. at 830-31.
90. Underage <strong>Drink</strong>ing, supra note 6.