What constitutes delivery of a controlled substance?

Delivery of a controlled substance fundamentally involves the act of transferring that substance from one individual to another. This transfer can occur in a variety of contexts, including sale, distribution, or simply giving the substance away. The law focuses on the act of sharing or conveying ownership of the substance, as it relates directly to the potential for misuse or illegal distribution.

Possessing a controlled substance for one's own use, consuming it alone, or simply having it found in a public place does not constitute delivery because these actions do not involve the transfer or distribution to another person. The core of the legal definition of delivery is that there must be some form of exchange or communication of intention to provide the substance to someone else, which is why transferring it to another person is the correct and defining characteristic of delivery.