In what circumstances have courts allowed the defense of involuntary intoxication based on the ingestion of an unlawful drug?

California, United States of America


The following excerpt is from People v. Velez, 175 Cal.App.3d 785, 221 Cal.Rptr. 631 (Cal. App. 1985):

In accordance with this view, courts have allowed the defense of involuntary intoxication based on the ingestion of an unlawful drug where the defendant reasonably believed he was consuming a lawful substance or where the unlawful drug was placed without defendant's knowledge in a lawful substance. (See People v. Scott, supra, 146 Cal.App.3d at pp. 826-827, 194 Cal.Rptr. 633 [PCP surreptitiously placed in punch at family reunion-type party]; People v. Carlo (1974), 46 A.D.2d 764, 361 N.Y.S.2d 168 [defendant took hallucigenic

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