What are the elements of possession of a controlled substance?

California, United States of America


The following excerpt is from People v. Yevloev, H046668 (Cal. App. 2020):

In applying the substantial evidence rule to a motion under . . . section 1118.1, we must, where the trial court has denied the motion, assume in favor of its order the existence of every fact from which the jury could have reasonably deduced from the evidence whether the offense charged was committed and if it was perpetrated by the person or persons accused of the offense. [Citations.] Accordingly, we may not set aside the trial court's denial of the motion on the ground of the insufficiency of the evidence unless it clearly appears that upon no hypothesis whatsoever is there sufficient substantial evidence to support the conclusion reached by the court below." (People v. Wong (1973) 35 Cal.App.3d 812, 827-828.)

"The essential elements of possession of a controlled substance are 'dominion and control of the substance in a quantity usable for consumption or sale, with knowledge of its presence and of its restricted dangerous drug character. Each of these elements may be established circumstantially.' " (People v. Palaschak (1995) 9 Cal.4th 1236, 1242 (Palaschak).)

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