Is a defendant's failure to instruct the jury that possession of hypodermic needles is a defense to the charge of possession of drug paraphernalia?
California, United States of America
The following excerpt is from People v. Lovelady, A129765, A129834 (Cal. App. 2012):
Lovelady contends the trial court erred in denying her request to instruct the jury that legally authorized possession of hypodermic needles was a defense to the charge of possession of drug paraphernalia. Again, we review claims of instructional error de novo. (People v. Berryman, supra, 6 Cal.4th at p. 1089.)
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