What is the test for possession and possession of marijuana?

To prove the importation charge, the government must establish that the defendant (1) knowingly (2) imported marijuana. United States v. Mayes, 524 F.2d 803, 807 (9th Cir.1975).

To prove the possession with intent to distribute charge, the government must prove that the defendant (1) knowingly (2) possessed marijuana (3) with the intent to distribute. United States v. Walitwarangkul, 808 F.2d 1352, 1353 (9th Cir.), cert. denied, 481 U.S. 1023 (1987). Constructive possession can be established if the defendant had " 'sufficient dominion and control to give him the power of disposal....' " United States v. Hernandez, 876 F.2d 774, 778 (9th Cir.), cert. denied, 493 U.S. 863 (1989) (quoting United States v. Castillo, 866 F.2d 1071, 1086 (9th Cir.1989)). Circumstantial evidence can establish both knowledge and possession. Id.