In what circumstances will a person be found guilty of possessing a controlled substance?

California, United States of America


The following excerpt is from People v. Valencia, 214 Cal.App.3d 1410, 263 Cal.Rptr. 301 (Cal. App. 1989):

We also reaffirm our view in Corkrean that statutes involving possession of narcotics deal with a significantly different problem insofar as scienter is concerned, and therefore involve a different calculus as regards legislative intent and the reasonableness of dispensing with the element of knowledge of the contraband character of that which is possessed. It is often the case that a controlled substance appears entirely innocent, i.e., its harmful nature is not immediately apparent. Most homes contain various white powders, crystalline materials, or green leafy substances. To convict someone of possessing a narcotic, when he or she reasonably believed it was baking soda, rock sugar, or oregano, might offend widely shared notions of simple fairness. (See People v. Cole (1952) 113 Cal.App.2d 253, 258, 248 P.2d 141 [injustice of convicting person who is given marijuana cigarettes in ordinary cigarette pack, and who believes them to be tobacco].)

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